The Canadian Professional on TN Status
By Bryant Andrus
Profile: The Canadian Professional on TN Status
TL;DR
- TN status exists because of CUSMA, and the agreement’s mandatory joint review takes place on July 1, 2026, with the US already seeking public input on what it wants changed.
- Changes to the temporary entry chapter could narrow occupations, add requirements or quotas, or in an extreme case suspend TN status.
- TN professionals should map their EB-2, EB-3 or EB-1C options now and review how their RRSP, CPP and Totalization Agreement position fit together.
If you’re a Canadian professional — an engineer, accountant, lawyer, scientist, or any of the other designated occupations — working in the United States on TN status, you’ve built your life on one of the most useful and underappreciated immigration tools in North America. It’s quick, inexpensive, renewable, and has worked reliably for decades. It also exists entirely because of a trade agreement that is up for formal review in 2026.
The CUSMA mandatory six-year joint review takes place on July 1, 2026. The US Trade Representative has opened a formal public comment process to identify changes the US wants before agreeing to any renewal. While the temporary entry chapter (Chapter 16) — which authorizes TN status — is not currently identified as a primary US negotiating target, the review is a comprehensive exercise, and the bilateral relationship is more adversarial today than at any point in the treaty’s history.
What Could Change
TN status is specifically authorized under CUSMA’s temporary entry provisions (Chapter 16). If those provisions are modified — narrowing the list of qualifying occupations, adding new documentation requirements, imposing quotas, or changing the terms — every TN holder could be affected. In an extreme scenario, TN status as it currently exists could be suspended pending renegotiation. This is not the most likely outcome, but it is no longer an outcome that can be dismissed as theoretical.
Your Backup Pathway
The most important thing a TN professional can do right now is understand their alternative options. TN status does not permit ‘dual intent’ — a PERM or I-140 filing alone is not disqualifying, but filing to adjust status generally ends TN eligibility. But you can explore your eligibility for EB-2 (advanced degree or exceptional ability), EB-3 (skilled worker), or EB-1C (multinational manager) without yet filing a petition. Understanding where you stand in the queue, how long processing would take, and what the sponsor requirements are costs nothing and preserves critical optionality.
October is also a good time for year-end retirement planning. TN holders are frequently in an ambiguous zone: they may be filing US taxes as residents under the Substantial Presence Test, but their Canadian RRSP is sitting dormant, their CPP contributions may be split between two systems, and they may have no clear picture of what their retirement income will look like in either country. The Totalization Agreement between Canada and the US governs social security contributions for cross-border workers and can affect which country’s system you’re contributing to and what you’ll ultimately receive from each.
Ready to Talk?
Cross-border planning is time-sensitive and highly fact-specific. If any of the topics in this issue apply to your situation, we would welcome the conversation. State Bird Corp specializes in US–Canada cross-border tax, estate, and immigration planning for families and businesses on both sides of the border. Our team works with clients across the US and Canada — wherever your cross-border life takes you.
Sources
- https://www.wiley.law/alert-USTR-Seeks-Comments-on-USMCA-Sets-November-Hearing-Ahead-of-2026-Joint-Review
- https://www.tradecommissioner.gc.ca/en/market-industry-info/free-trade-agreements/use-cusma-do-business-north-america/temporary-entry-cusma/guide-temporary-entry-united-states.html
- https://www.lippes.com/insights/maintaining-tn-status-while-pursuing-a-green-card-1107.pdf
- https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4040/rrsps-other-registered-plans-retirement.html
- https://www.federalregister.gov/documents/full_text/xml/2025/09/17/2025-18010.xml
- https://fam.state.gov/fam/09FAM/09FAM040217.html
Sincerely,
The State Bird Corp Team
State Bird Corp
P: (602) 641-5996 · E: Info@statebirdcorp.com · W: statebirdcorp.com
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State Bird Corp is a management and financial consulting firm. State Bird Corp is not an accounting, legal or investment advisory firm. Cross-border planning is highly fact-specific. The strategies and topics described are general in nature, and readers should consult qualified specialists before taking any action. Any recommendation, inferences, or other guidance contained herein is meant for educational or general purposes and should not be relayed upon as specific advice for any person or business. Consult your legal, tax, and investment advisor for specific recommendation to your situation.