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What Trump’s America First Trade Policy Means for TN Workers and Employers

What Trump’s America First Trade Policy Means for TN Workers and Employers
Photo by SJ Objio / Unsplash

What American Businesses Need to Know About Hiring TN Workers Under Evolving Immigration Policies

TN workers—professionals from Canada and Mexico who play a vital role in sectors like healthcare, engineering, and academia— could be impacted by evolving U.S. immigration policies.

On his first day in office, former President Trump signed the “America First” Trade Policy executive order. While the full implications of this order on TN workers remain uncertain, it’s safe to say that changes might be on the horizon. These changes could mean stricter oversight of TN workers and the employers who hire them.

Introduced as part of NAFTA in 1994 (now updated under the USMCA), the TN visa has been a conduit for U.S. employers needing skilled workers from Canada and Mexico. About 130,000 TN workers are currently in the U.S., filling critical roles in industries like:

  • Healthcare: From nurses to specialized medical technicians, TN workers are helping fill the gaps in an industry that desperately needs talent.
  • Engineering: TN professionals bring expertise from fields like civil, mechanical, and software engineering to drive innovation and infrastructure development.
  • Other key professions: Whether it’s accountants, scientists, or information technologists, these individuals contribute to the success of countless U.S. companies.

Unlike the H-1B visa—which involves an annual cap of new workers, prevailing wage requirements, and strict compliance rules—the TN process is comparatively straightforward and employer-friendly. This has made it an attractive option for businesses looking to hire top-tier talent without the regulatory headaches.

What Might Change?

While the current TN visa process is fairly streamlined, here are a few potential changes that businesses should prepare for as immigration policies evolve:

  1. Increased Oversight and Compliance Rules:Employers might soon face stricter scrutiny to ensure TN workers are performing the exact duties stated in their petition. This could mean more site visits or audits to confirm compliance.
  2. Prevailing Wage Requirements:Currently, employers don’t need to prove they’re paying TN workers a fair wage compared to U.S. workers in their location and occupation, as is required for H-1B workers. That might change, adding an extra layer of compliance.
  3. Labor Market Testing:Employers don’t currently need to prove they couldn’t find a U.S. worker for the same role before employing a TN worker. This might change, adding additional steps to the hiring process.
  4. More Rigorous Employee Qualifications:TN workers already need to demonstrate their qualifications, but new standards may require more detailed evidence that they meet the professional benchmarks for their roles.

None of these changes are official yet, but they reflect trends within the broader immigration landscape that businesses should keep on their radar.

Why TN Workers Are Still a Smart Hiring Choice

Despite potential regulatory changes, the demand for skilled workers in the U.S. remains high, and TN professionals can help close critical gaps. Here’s why you should consider—and continue—hiring TN workers:

  • Access to Specialized Skills: TN professionals often bring expertise that can be hard to find domestically, giving your business a competitive edge.
  • Efficient Processes: Even with potential policy updates, the TN visa process will likely remain simpler and quicker than employment-based immigration pathways like the H-1B or green card sponsorship.