The current administration has introduced new executive orders that are reshaping U.S. immigration policy and trade relations, creating significant implications for Canadian businesses, cross-border operations, and U.S. employers. These changes are affecting temporary work visas, immigration enforcement, and trade agreements, prompting companies and foreign workers to prepare for increased scrutiny and processing delays.
Here’s a closer look at the key executive orders and what they mean for employers, visa holders, and cross-border travelers.
America First Trade Policy: Impact on CUSMA and TN Visas
The “America First” trade policy directs federal agencies to review trade agreements, analyze trade deficits, and promote domestic investment by ensuring foreign trade practices do not disadvantage American workers and businesses.
A significant focus is the 2026 evaluation of the Canada-United States-Mexico Agreement (CUSMA).
Under this executive order:
- The U.S. Trade Representative will assess CUSMA’s benefits for American workers, farmers, and businesses.
- The TN visa program, which allows Canadian and Mexican professionals to work in the U.S., is now under heightened scrutiny.
Why It Matters:
- Increased TN visa scrutiny: Expect longer processing times, stricter documentation requirements, and higher denial rates for both new TN visa applications and extensions.
- Trade disruptions: Canadian companies relying on cross-border business may face greater challenges in securing temporary work authorization for their employees.
Tip: Businesses should plan ahead by submitting visa applications early and ensuring documentation is complete and accurate.
Enhanced Immigration Vetting and National Security Measures
A separate executive order focuses on tightening immigration screening standards to protect national security by implementing enhanced vetting procedures for all foreign nationals applying to enter or remain in the U.S.
Key changes include:
- Increased visa scrutiny:Â All applicants, including Canadian citizens born in high-risk countries, will face additional background checks, even if they hold dual citizenship.
- Visa programs under review:Â The order affects popular employment-based visas, including:
- H-1B visas for specialty occupations.
- L-1 visas for intra-company transfers.
- TN visas for Canadian and Mexican professionals.
Impact on Businesses and Travelers:
- Longer processing times: Expect delays for initial visa applications and extensions.
- Increased documentation: Applicants may be required to provide more evidence of eligibility and undergo biometric screening.
- Stricter travel conditions: Traveling while a visa extension is pending could result in re-entry issues.
Tip: Companies should file visa applications early and ensure employees’ documents are up to date to avoid disruptions in travel or work authorization.
Rescission of Biden-Era Immigration Policies
The administration has also rescinded multiple executive orders that previously aimed to streamline immigration processing while minimizing Requests for Evidence (RFEs) and application denials.
Key changes include:
- Increased RFEs and denials: USCIS is expected to issue more RFEs and deny more applications, especially for temporary work visas and green card petitions.
- Slower processing times:Â Visa processing will likely take longer, affecting business travelers, employees, and employers.
- Heightened enforcement: ICE will increase I-9 audits, site visits, and workplace investigations to ensure employer compliance with immigration laws.
Tip: Employers should audit their I-9 records, ensure E-Verify compliance, and be prepared for unexpected site visits.
Practical Takeaways for Employers and Cross-Border Businesses
To navigate these immigration and trade policy changes, businesses and foreign workers should take proactive steps to ensure compliance and avoid disruptions.
Key Takeaways:
- Plan Early for Visa Applications: Expect longer wait times, stricter documentation requirements, and more RFEs for H-1B, L-1, TN, and other temporary work visas.
- Monitor Trade Agreement Reviews: The 2026 CUSMA review may result in additional restrictions for Canadian professionals seeking TN visas.
- Strengthen I-9 and E-Verify Compliance:Â Employers should conduct internal audits, ensure accurate documentation, and be ready for ICE inspections.
- Prepare for Visa Delays and Travel Uncertainty: Increased vetting may lead to longer processing times and travel disruptions, especially for individuals born in high-risk countries.
- Ensure Due Diligence During M&A Transactions: Companies involved in mergers and acquisitions should closely examine immigration compliance during due diligence.
Tip: Businesses should work with immigration counsel to identify risks and stay compliant with changing regulations.
How NPZ Law Group Can Help
NPZ Law Group’s experienced immigration attorneys provide comprehensive legal guidance for employers, cross-border businesses, and foreign workers navigating the new immigration landscape. Our team can assist with:
- Visa applications and extensions, including H-1B, L-1, TN, and E visas.
- I-9 audits, E-Verify compliance, and worksite enforcement readiness.
- Trade-related immigration strategies for businesses operating under CUSMA.
- Due diligence support for M&A transactions involving foreign workers.
Contact NPZ Law Group today for expert advice on cross-border immigration and workforce compliance.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.