TN Visa Future and Trump – Learn How His Return Affects You (the NAFTA Applicant)

The TN Visa, which was created by the North American Free Trade Agreement (NAFTA), is one of the most important U.S. visas for Canadian and Mexican professionals. This visa makes it easy for Mexicans and Canadians in specific professional occupations to enter and work in the United States.

The lost love between Donald Trump and NAFTA is well documented, as he was one of the most vocal critics of this trade deal that birthed the TN visa. During his first presidential campaign, he promised to scrap NAFTA. True to his campaign promise, Trump ended NAFTA and replaced it with the USMCA (United States-Mexico-Canada Agreement). But this was without much change to the TN visa.Given Donald Trump’s stance on immigration, as he prepares to ascend the presidency for a second time, one question many people are asking is, “What is the future of the TN visa?” This article will examine this question and how Trump’s return to the White House may impact TN visa applicants.

 

USMCA Timeline and TN Milestones

USMCA and TN VISA UPDATE: 2021 – 2022

TN visa approvals start picking up as immigration officials begin to address backlogs, and more applicants begin to complete processing at Ports of Entry.

USMCA UPDATE: 2020 – 2021

The COVID-19 pandemic led to delays in TN visa processing. The TN visa program was not suspended. However, the pandemic made it difficult for applicants to complete processing at Ports of Entry and attend visa interviews at U.S. Consulates and Embassies. For this reason, the number of TN visa approvals significantly decreased.

USMCA UPDATE: 2021

While USMCA replaced NAFTA, the TN visa was retained as an immigration pathway for qualified professionals from Mexico and Canada.

Importantly, there was no change to the NAFTA Job List. This means that the same occupations that qualified for the TN visa under NAFTA, still qualify for the visa under USMCA.

There were also no changes to the TN Visa application process. The application process under USMCA remains exactly as it was under NAFTA. Namely:

• Canadians. Apply at the Port of Entry by submitting necessary documents to the CBP officers or Apply via Mail by filing Form I-129 with the USCIS.
• Mexicans. Apply at a US Consulate or Embassy in Mexico.

USMCA UPDATE: Jul 1, 2020

The USMCA went into full force on July 1, 2020. All three (3) countries approved the USMCA free trade agreement (the new NAFTA).

USMCA UPDATE: Dec 10, 2019

On this day the Democratic Speaker of the House of Representatives Nancy Pelosi announced that the Democrats reached a deal with President Trump to ratify USMCA (formerly known as NAFTA).

Democrats asked for tighter labor standards, removing advantages for pharmaceutical companies, and increased environmental protections. Having received these allowances, the Democrats moved the bill forward.

As a result, President Trump could no longer withdraw from the existing NAFTA agreement.

USMCA UPDATE: June 20, 2019

Mexico ratifies the US-Mexico-Canada Trade Agreement, which will replace the 25-year-old NAFTA trade agreement by nearly a unanimous vote. 

Trump Administration’s Impact on TN Visa

Immigration was the cornerstone of Donald Trump’s first presidential campaign and eventual presidency from 2017 and 2021. After Trump became president, the U.S. immigration system shifted from liberal policies to strict enforcement and restrictive immigration policies. 

The TN visa itself was not eliminated. However, several policy changes affected visa issuance and processing. 

TN Policy Shifts During Trump Era

The tightening of immigration policies under Trump affected various visa categories, including the TN visa.

One reason the Trump administration gave for its hardline approach to immigration was the protection of American jobs. It argued that Americans were losing jobs to foreign workers and pushed for the reduction of work-based immigration.

Remember that the TN visa is employment-based. While it was not targeted for overhaul, the broader immigration restrictions affected its processing.

Increased Scrutiny and Challenges for Applicants

The most notable effect of the Trump administration on TN visas was increased scrutiny of applications. 

There were narrower interpretations of the law. U.S. immigration officers were more rigid when evaluating whether an applicant’s U.S. job offer met the requirements for TN status. This led to denials for minor discrepancies in job descriptions.

Immigration officers also issued more RFEs (Request For Evidence), requesting additional documentation regarding qualifications, experience, etc. This led to delays in visa processing and fewer approvals.

Case Studies: Applicants’ Experiences

The following case studies demonstrate the impact of Trump’s conservative immigration policies on TN visa applications.

Case 1: Approved Pre-Trump, Denied during Trump

A Canadian Registered Nurse had successfully obtained a TN visa and was working in the United States. Before her TN visa was set to expire, she applied for a renewal under Trump. Her TN visa renewal was denied due to concerns about whether her job duties properly aligned with the “Registered Nurse” occupation on the TN visa Job list.

Case 2: Denied during Trump, Approved Post-Trump

In 2018, a Canadian applicant applied for a TN visa under the “Software Engineer” occupational category and was denied at the Port of Entry. The applicant was denied because he had a computer science degree, not an engineering degree. In 2021, the applicant re-applied (post-Trump) and was approved.

These cases show the challenges people faced when applying for the TN visa under Trump.

Could Trump Just Leave NAFTA? What about USMCA?

Technically, it was possible for Trump to withdraw from NAFTA. 

Chapter 22 of the NAFTA Trade Agreement states: “A Party may withdraw from this Agreement six months after it provides written notice of withdrawal to the other Parties. If a Party withdraws, the Agreement shall remain in force for the remaining Parties.” 

This means President Trump could unilaterally withdraw from NAFTA by giving Canada and Mexico six months’ notice.

However, withdrawing from NAFTA would not have been easy for Trump since Congress ratified and implemented most of NAFTA through legislation. In the future, Congress can pass new laws to protect NAFTA and eliminate the President’s ability to unilaterally withdraw from the treaty. 

Before and during the early days of his first presidency, Trump threatened to leave NAFTA on numerous occasions. For example, in August 2017, he tweeted that Mexico and Canada were being “very difficult” over the NAFTA renegotiation, and added that he would terminate the deal altogether. Understandably, this rhetoric made many wonder whether Trump would withdraw from NAFTA and what that would mean for the TN visa. 

However, reading between the lines, it was clear that Trump wanted to renegotiate and change the terms of the agreement. He simply said this to get Canada and Mexico to the negotiating table. Trump eventually succeeded in renegotiating NAFTA, which resulted in the USMCA.

What Would Have Happened if the U.S. Had Withdrawn From NAFTA

If the U.S. had withdrawn from NAFTA, the future of the TN visa would have been in jeopardy because it was directly tied to the terms of the trade agreement. Without NAFTA, the TN visa would have ceased to exist, and professionals from Canada and Mexico would need other visa options to enter the U.S. for work.

Thankfully, the Trump administration negotiated NAFTA 2.0 (the USMCA). This new deal replaced NAFTA and preserved the TN visa.

NAFTA TN Visa Future – What to Expect?

The new USMCA has a clause to revisit the agreement every 6 years. We don’t know what the future holds, but one thing is for certain: once you have a valid TN visa, you are protected. 

To avoid any future problems, applicants should apply as soon as possible. 

Currently, the TN visa is secure because it is part of the USMCA treaty, and is likely to remain so for the foreseeable future. People feared that the end of NAFTA would mean the end of the TN visa. But when Trump ended NAFTA, the TN visa carried over to the USMCA. 

Despite this, applicants should act now. Visit our website to access resources that will help you be successful. If you have questions, contact us. We will be happy to help you.

Will Trump Cancel TN Visa?

Trump will soon return to the White House. Given his hardline immigration stance (particularly foreign labor), could he cancel the TN visa? Should TN visa holders and applicants be worried?

No, TN visa holders and applicants should not be worried. The TN visa is part of the USMCA, which Trump’s administration created. Despite Trump’s skepticism toward trade agreements, he retained the TN visa as part of the deal.

While Trump may continue to take a hardline stance on immigration, eliminating the TN visa may not be politically viable.

Be Careful, TN Visa Border Interviews Have Changed

Although Trump will not eliminate the TN visa, this should not make applicants complacent. Instead, applicants should be more careful when crossing the border and applying for the TN Visa. Know the TN Visa requirements.

Just as it was during Trump’s first term, there could be stricter enforcement measures, leading to higher scrutiny of applications. Immigration officers may inspect job descriptions and qualifications more closely. CBP Officers will ask more questions, and TN applicants should be ready to answer these correctly.

People who currently have a TN visa are not left out. TN visa holders who are re-entering, may be subject to increased scrutiny by CBP officers at the border. Officers can deny entry to anyone that does not provide satisfactory answers.

We have seen situations where a TN Visa holder returns from Christmas vacation, and the Officer asks them questions at the border. The TN visa holder responds without paying much attention because they already have a TN visa. The Officer hears something that raises his suspicions and denies their entry, stating that their TN visa was issued in error and they no longer qualify.

Always be careful – officers have the power to deny your visa. 

How to Successfully Obtain Your TN Visa Renewal?

If you have been approved for the TN Visa previously, this tells the Officer that one of their colleagues deemed your application valid.

Remember, there is no such thing as a “TN Visa Renewal.” Every “renewal” is filed as a new application. Each application must demonstrate how the applicant and the position meets the USMCA requirements for the TN Visa.

It’s important to maintain continuous employment with the same employer to successfully obtain a TN visa “renewal.” If your job has changed since your last application, you will need to modify your application accordingly. Expect the Immigration Officer to ask you questions with respect to your new position.

If you already purchased the TN Visa Expert Kit for your initial application, simply email us and ask us if there have been any major revisions since your purchase. We will let you know.

Always read the Border Interview Chapter before applying, to refresh your memory on what to say and do when you arrive at the border (or airport). 

How to Protect Your TN Visa Application?

To increase your chances of TN visa approval, it is important to stay informed about policy changes, prepare a strong application, and consult an immigration attorney.

Staying Informed on Policy Changes

U.S. immigration policy is subject to frequent adjustments, which can alter eligibility requirements for specific visa programs.

By staying informed on policy changes, applicants can ensure their credentials are up-to-date and aligned with any new criteria. This helps avoid setbacks and ensures a smooth process when applying for a TN visa.

Preparing Stronger Applications

A crucial step in getting a TN visa application approved is submitting a well-organized, comprehensive, and compelling application that meets the criteria set by U.S. immigration authorities. Ensure you have all the required documentation. Also, ensure that your application clearly demonstrates that you meet the TN visa qualifications. This reduces the likelihood of delays or denials.

Consulting an Immigration Attorney

An immigration attorney will guide you through the TN visa application and renewal process, ensuring your case is as strong as possible. Immigration attorneys can help you understand how a policy change affects your case and assist you in adapting your application to meet the new requirements. With years of experience, they can easily find inconsistencies or lack of clarity in your application, and help you prepare the strongest evidence to present it in the best possible way.

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