NAFTA Renegotiations – Update
Below is a brief update on the renegotiations of NAFTA that have taken place between the U.S., Canada and Mexico:
On September 30, 2018, the U.S., Canada and Mexico reached an agreement, known as the United States-Mexico-Canada Agreement (USMCA). This agreement is not yet finalized as there are a number of procedural steps that will need to take place in each country before it can be implemented as law. In the meantime, all provisions of NAFTA remain in effect.
On the immigration front, there were very minor changes made and at this point in the renegotiation process the USMCA will not change the core immigration provisions of NAFTA. It appears that the TN category, along with the provisions which address the Business Visitor, Intracompany Transferee and Treaty Trader/Investor categories will all remain largely unchanged. See chapter 16 of the USMCA which reflects that the rules for temporary entry for business persons are essentially the same as the corresponding chapter of NAFTA.
We will continue to monitor the USMCA as it moves forward to advise clients if there are further renegotiations or revisions to the current version of the USMCA which would result in substantive changes to the immigration provisions. At this time, it does not seem that further revisions to the immigration provisions are the focus.