USMCA Effective July 1, 2020 & TN Visa Update

Fox Rothschild LLP

Fox Rothschild LLP

The United States-Mexico-Canada Agreement known as the USMCA is effective July 1, 2020. The USMCA replaces the North American Free Trade Agreement (NAFTA) which expired June 30, 2020. As it relates to US immigration, the USMCA includes comparable provisions as found in the NAFTA for Business Visitors, Traders and Investors, Intracompany Transferees, and Professionals. No occupation categories are eliminated or added and there are no numerical limitations for entries under the new provisions.

Notably, the USMCA retains all of the occupations previously designated as eligible for the NAFTA TN visa. There are interesting changes including new footnotes that the Mathematician occupation includes the profession of Actuary and the Biologist occupation includes the profession of Plant Pathologist.

Businesses and individuals impacted by the recent executive order suspending visa issuance of H-1B, L-1, and J-1 visas should consider the TN visa category for Canadian and Mexican citizens.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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