US Expected To Not Extend USMCA, But TN Visas Alive For Now
The USMCA and the TN visa classification are in limbo as the Trump administration is expected to announce that the US will not extend the USMCA.
This does not mean the immediate end of the TN visa program, which owes its existence to the USMCA.
If the US decides to not extend the USMCA by July 1st, then the parties will be required to conduct annual reviews of the agreement until 2036 during which they may either agree to extend the USMCA or let it expire in 2036.
However, any party could also give 6 month’s notice to cancel the agreement all together, which could place current TN visa workers in jeopardy.
Whether Mr. Trump can withdraw from the USMCA without Congressional approval remains an open question.
Should the USMCA be cancelled, it is uncertain how U.S. immigration officials will handle current TN visa holders. Potential scenarios could include (1) TN visa holders are allowed to continue working until their current I-94s expire; or (2) a sunset provision is announced where all TN visa holders’ work authorization ends on a specific date.
Again, at this point in time, the USMCA remains in force, and TN visas valid, at least until 2036 unless a party formally announces its withdrawal from the agreement.
In the meantime, TN visa workers should continue to monitor the news, and review alternative options such as:
H-1B: because there is an element of chance involved, individuals should request that employers submit registrations on their behalf every March.
O-1: now may be the time to review the O-1 visa requirements, and consider developing a portfolio to demonstrate one’s extraordinary ability in the sciences, arts, education, business, etc.
Employer-based green card filings: this process can take several years, and workers must have an underlying visa status to remain in the country during the process.
Family-based green card filings: while not necessarily as lengthy as employment-based filings, e.g. some marriage to a US citizen based cases have been completed in less 6 months, this can still be a complicated process, especially in light of USCIS’ recent AOS memo.
Learn more about the TN visa classification, and alterative options
U.S. immigration lawyer Brian D. Zuccaro has over 20 years of experience helping employers and individuals navigate the U.S. immigration system.
