The TN Professional Family and the CUSMA Deadline Arrives
By Bryant Andrus
Profile: The TN Professional Family as the CUSMA Deadline Arrives
TL;DR
- The CUSMA review deadline is July 1, 2026, and the temporary-entry chapter that authorizes TN status is not reported to be a primary US target.
- ‘Not a primary target’ isn’t the same as protected: TN restrictions could still surface as part of a broader trade package.
- TN families should identify their EB-2, EB-3 or EB-1C pathway this month and complete a cross-border tax review before the outcome is known.
If you’re a Canadian professional living and working in the United States on TN status — and especially if your family has built a life around that status, with children in US schools and a spouse who may also work here — the CUSMA review that is concluding this month is the single most important policy event affecting your immigration security. Here’s what we know, what we don’t, and what you should do regardless of how it resolves.
The mandatory six-year CUSMA review deadline is July 1, 2026. US–Mexico negotiations have been under way for months, while Canada–US talks, which Washington suspended last October, resumed only this year. The US has prioritized rules of origin, critical minerals access, and trade balance concerns. Canada has been focused on preserving tariff-free access for CUSMA-compliant goods and protecting the temporary-entry chapter. As of this writing, the temporary-entry chapter (Chapter 16) — the one that authorizes TN status — is not reported to be a primary target of US revision demands. That’s the good news.
The Uncertainty That Remains
‘Not a primary target’ is not the same as ‘protected.’ Trade negotiations involve tradeoffs, and concessions in one area can be used to secure wins in another. A restriction on TN status — narrowing qualifying occupations, adding quota limits, or increasing documentation requirements — could emerge as part of a broader package deal. TN holders should be making decisions based on the risk that exists, not the outcome they hope for.
What Your Family Should Be Doing This Month
First: understand your alternative immigration pathway. Consult with a qualified immigration attorney about your eligibility for EB-2, EB-3, or EB-1C. Understand processing times and employer requirements for each. You don’t have to file anything — but you should know what you would file and when.
Second: review your family’s tax position. TN holders who have been in the US long enough to qualify as residents under the Substantial Presence Test have US tax obligations that many don’t fully address. Your Canadian RRSP, if it exists, is subject to annual US reporting. Your past CPP contributions and your US Social Security credits need to be coordinated under the Canada–US Totalization Agreement. Your spouse’s income is relevant to your US return. A cross-border tax review this month — before the July outcome is known — is valuable regardless of what CUSMA produces.
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.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.aljazeera.com/news/2025/10/24/trump-says-all-trade-talks-with-canada-are-terminated
- https://www.ssa.gov/international/Agreement_Pamphlets/documents/Canada.pdf
- https://www.cbc.ca/news/world/cusma-usmca-canada-us-mexico-trade-agreement-9.7219102
- https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test
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.