October 2, 2018 – Canada and the United States signed a new trade agreement, paving the way for a comprehensive three-way agreement, with Mexico, while permitting continued labour mobility between the countries. Under the new U.S.-Mexico-Canada Agreement (USMCA), signed on September 30, 2018, labour mobility rules will effectively remain the same as they were under the North American Free Trade Agreement (NAFTA).

Labour mobility provisions under USMCA will continue to exempt Canadian employers from otherwise stringent immigration formalities for skilled professionals entering Canada who would normally require a positive Labour Market Impact Assessment (LMIA). This process confirms that no Canadians are available to fill a position in the labour market.

The USMCA applies to citizens of the United States and Mexico who seek entry to Canada under the following categories: business visitors, professionals, intra-company transferees, and traders and investors.

American and Mexican citizens seeking entry to Canada under USMCA categories may apply for admission at Canadian ports of entry.

Despite fears U.S. negotiators were demanding restrictions on Treaty NAFTA Visas (TN Visas), Chapter 16 of the new agreement leaves the area largely unchanged.

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The content of this article reflects the personal insight of Attorney Colin Singer and needs no disclaimer