U.S. - Mexico - Canada Agreement (USMCA) Should Not Impact TN Visas

On December 10, 2019, House Speaker Nancy Pelosi (D-Ca) announced that House Democrats have reached an agreement with the Trump Administration to move forward with the modified version of the U.S.-Mexico-Canada Agreement (USMCA). The USMCA is a rewrite of the North American Free Trade Agreement (NAFTA) between the United States, Canada and Mexico, which created special economic and trade benefits between the countries, such as the elimination of tariffs and other trade barriers. NAFTA also established the TN nonimmigrant classification which permits qualified Canadian and Mexican citizens to work temporarily in the United States in certain enumerated professional occupations. If the USMCA is approved, it will replace the NAFTA deal and will include key modifications related to stronger enforcement of labor laws, automobile production, manufacturing, digital trade, and environmental protections. From a business immigration perspective, USMCA should not alter or change access to TN visas established through NAFTA as the USMCA preserves the NAFTA provisions relating to TN visa classification.

The House is expected to vote on USMCA as early as next week while the Senate Majority Leader Mitch McConnell (R-Ky) stated that the USMCA will likely be brought to the Senate for a vote after the impeachment trial is over. Canada and Mexico must also approve the USMCA.