The TN visa, created under NAFTA and now part of the USMCA (United States-Mexico-Canada Agreement), is commonly used for Canadian and Mexican professionals looking to work in the United States. But during the upcoming Trump administration, with its strong focus on tightening immigration rules, people are naturally wondering whether the TN visa is safe.
What happened Under Trump Administration #1
First off, let’s get this out of the way—Trump didn’t directly target the TN visa during his first presidency. The United States Mexico Canada Agreement (USMCA) replaced NAFTA in 2020. In fact, when this happened, the TN visa stayed pretty much the same. So, if you’re working in the U.S. under a TN or thinking about applying, you can breathe a little easier on that front.
That said, it wasn’t all smooth sailing. The Trump administration’s general stance on immigration did have some ripple effects. For example, there was a bigger emphasis on “Buy American, Hire American,” which led to stricter scrutiny of visa applications across the board. While this wasn’t aimed at TN visas specifically, it could mean more hoops to jump through, like tougher questions from USCIS on mail-in applications or stricter interpretation of the job categories eligible for TN status.
Another factor during Trump’s first presidency and going into his second is the heightened tension around the U.S.-Mexico border. Even though TN visas are part of a legal framework and have nothing to do with unauthorized immigration, the general mood around immigration enforcement sometimes spilled over, making some applicants feel extra pressure.
For Canadians, the process often felt a bit smoother, given historical ties and the fact that Canada wasn’t the focus of many of Trump’s immigration-related policies. Mexican professionals, however, might have faced a bit more scrutiny during the Trump years, especially in the broader context of U.S.-Mexico relations.
Bottom line? The TN visa survived Trump’s presidency intact, but like most things immigration-related, it didn’t escape some added layers of complexity. If you’re applying for a TN visa now, it’s still a solid option for eligible professionals under the USMCA. Just make sure your documentation is airtight and be prepared to answer a few extra questions if needed.
Process your TN at a Port of Entry:
Much of the difficulty with legal immigration during the first Trump administration stemmed from a shift in leadership attitudes at the top of the DHS. In my view, it’s easier for administrations to enforce changes at central locations like service centers, where most petitions are processed, than at border crossings, where most TN visas are adjudicated. However, each border crossing has its own policies, so what works at one location may not work at another. If your TN case is not straightforward (i.e. a perfect combination of occupation title/duties and bachelor’s degree field), consult an immigration lawyer familiar with the different Canadian crossings and their specific requirements.
The TN visa isn’t going anywhere anytime soon, but keeping up with policy changes and working with a knowledgeable immigration lawyer can help you stay ahead of the game.
Contact Schechter Immigration Law for a FREE consultation: www.getausvisa.com.