Earlier this week, President Donald Trump signed the United States-Mexico-Canada Agreement (USMCA) Implementation Act, which ratifies the trade agreement that will soon replace the North American Free Trade Agreement (NAFTA). (The leaders of Canada, Mexico and the United States had signed the USMCA in November 2018.) The labor mobility provisions of the USMCA are largely the same as those of NAFTA — meaning that the TN category as it now exists (including all currently recognized TN professions and minimum education requirements) should remain in effect without change after the USMCA is implemented.

Once Canada has ratified the pact (which we anticipate will occur within the next several months), all three signatory countries will be required to complete certain threshold obligations set forth in the agreement, after which the USMCA will be implemented. Until the USMCA takes effect, the labor mobility provisions and procedures of NAFTA, including the availability of the TN classification, will remain in place.