The USMCA and TN Visas: What You Need to Know

The United States, Mexico, and Canada Agreement (USMCA) is a trade deal that replaced the North American Free Trade Agreement (NAFTA). The agreement was signed into law in July 2020 and went into effect on July 1, 2020. One of the major changes in the USMCA is the expansion of the TN visa program.

The TN visa is a nonimmigrant visa that allows citizens of Canada and Mexico to work in the United States in certain professional occupations. The TN visa program was created as part of NAFTA in 1994 and was originally designed to facilitate the cross-border movement of professionals.

Under the USMCA, the TN visa program has been expanded to include more professions. The list of eligible professions has been updated to include the following:

– Actuary

– Computer systems analyst

– Economist

– Engineer

– Mathematician

– Scientific technician or technologist

– Technical publications writer

– Urban planner

In addition to these professions, the USMCA also allows for additional professions to be added to the TN visa list in the future.

It`s important to note that the requirements for obtaining a TN visa have not changed. Applicants must still meet the education and/or experience requirements for their profession and have a job offer from a U.S. employer. The TN visa is also still limited to temporary, nonimmigrant status.

Another important change under the USMCA is the removal of the cap on the number of TN visas that can be issued to Mexican citizens. Under NAFTA, there was a cap of 5,500 TN visas for Mexican citizens each year. With the removal of this cap, there is now no limit on the number of TN visas that can be issued to Mexican citizens.

The USMCA has also made changes to the dispute resolution process for TN visa issues. Under NAFTA, disputes related to the TN visa program were resolved through private arbitration. Under the USMCA, disputes related to the TN visa program will be resolved through a government-to-government process.

Overall, the expansion of the TN visa program under the USMCA is a positive development for professionals from Canada and Mexico who are interested in working in the United States. By expanding the list of eligible professions and removing the cap on visas for Mexican citizens, the USMCA makes it easier for qualified professionals to obtain temporary work visas in the United States.

As always, it`s important for applicants to carefully review the requirements for the TN visa program and work with an experienced immigration attorney to navigate the application process. With the right preparation and guidance, professionals from Canada and Mexico can take advantage of the expanded opportunities under the USMCA and work legally in the United States.