• Insights

NAFTA Update: As Renegotiation Continues, Immigration Impact Remains Uncertain

January 22, 2018

insight-news-default

Countries / Territories

  • CanadaCanada
  • MexicoMexico
  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

As Canada, Mexico and the United States enter the sixth round of NAFTA renegotiations, employers should begin to consider alternatives for employees who would be affected in the event that labor mobility under the trade pact is restricted.


Canada, Mexico and the United States will begin the sixth round of renegotiations of the North American Free Trade Act on January 23. The parties continue to have significant differences concerning many aspects of the wide-ranging pact.

To date, the labor mobility provisions of the agreement – which ease cross-border movement of businesspersons, certain professionals, intracompany transferees, traders and investors -- have not been a focus of discussions, despite the desire of the business community to see those provisions updated. A key open question is whether the United States will seek restrictions on labor mobility, and, more broadly, whether U.S. President Donald J. Trump will move to withdraw the United States from the agreement entirely, as he has suggested in the past.

NAFTA permits a party to withdraw with six months’ notice to the other member countries. A withdrawal threat would not bind the United States to an exit from the agreement, but could be used as a negotiation tactic to pressure Canada and Mexico. Negotiating parties expect the United States to make such a move. Mexico has signaled that it would leave the talks if the United States moves to withdraw.

If President Trump orders actual withdrawal from NAFTA, the impact of such a directive remains unclear under U.S. law. Legal experts are divided on whether the President has unilateral authority to pull the United States out of a trade agreement. Some argue that the U.S. Congress must vote in favor of withdrawal in order for the United States to exit. Key members of Congress – including members of the President’s own party -- have warned the Trump Administration that withdrawal would have a significant negative impact on the North American economy.

Potential immigration effects of a U.S. withdrawal could include restriction of reciprocal professional worker and businessperson classifications and elimination of streamlined application procedures.

What’s next and what employers should do now

The next round of NAFTA renegotiations will take place in Montreal from January 23-26, with a seventh round of talks slated for March 2018. Negotiators are expected to take a break during the Mexican presidential campaign in the runup to national elections on July 1, 2018.

Given the continuing uncertainty of the U.S. position, the mobility of your organization’s employees under NAFTA could change quickly. Your organization should work with its Fragomen professionals to stay apprised of NAFTA developments. It may also be prudent to identify current employees working in a NAFTA-dependent immigration category in the United States, Canada or Mexico and assess alternatives in the event that those mechanisms are restricted in the future.

 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Countries / Territories

  • CanadaCanada
  • MexicoMexico
  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is set to vote on a population cap. Here's why it's divided the nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B Fee Ruled Unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more

Fragomen news

Fragomen Welcomes Christopher Wendt as Counsel

Fragomen welcomes Counsel Christopher Wendt in Minnesota, bringing nearly three decades of immigration law experience, including more than 20 years supporting workforce immigration programs for Mayo Clinic.

Learn more

Media mentions

The ABC: Switzerland is set to vote on a population cap. Here's why it's divided the nation

Senior Counsel Dr. Anna Boucher discusses Switzerland’s rejected population cap referendum and the role of immigration in supporting workforce and economic stability.

Learn more

Awards

Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite

Fragomen has been featured in the 2026 GML Elite, Global Mobility Lawyer’s inaugural guide to leading global mobility teams, highlighting the firm’s global immigration capabilities, international footprint and work supporting multinational clients.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Die Blaue Karte EU 2026

Partner Marius Tollenaere outlines the key 2026 EU Blue Card changes employers must understand to stay compliant and competitive.

Learn more

Media mentions

STV News: What Can Scots Fans Do if Their US Travel Permits Have Been Revoked?

Partner Charlotte Slocombe explained options available to Scotland fans whose US ESTAs have been denied or revoked ahead of the FIFA World Cup.

Learn more

Media mentions

Arabian Gulf Business Insight: Corporate Relocations to the Gulf Retain Appeal

Partner Abeer Al Husseini discusses evolving corporate relocation strategies and sustained demand for moves to the Gulf.

Learn more

Blog post

Business Immigration After the Midterms (Part 3): Four Scenarios and What Employers Should Do Now

Partner K. Edward Raleigh analyzes post‑midterm business immigration risks in Part 3 of this blog series, outlining four possible election outcomes and the practical steps employers should take to prepare for increased enforcement and scrutiny.

Learn more

Media mentions

People Management: Can the Government Stop Overseas Employees Visiting the UK?

Partner Natasha Catterson explains how the UK ETA scheme is changing business travel by requiring pre-travel digital approval for many visa-exempt visitors.

Learn more

Media mentions

The PIE: Trump’s $100,000 H-1B Fee Ruled Unlawful

Partner K. Edward Raleigh discusses the recent H-1B fee ruling and the potential for further appeals.

Learn more

Media mentions

Bloomberg Law: Congress’ Taxing Power Key to Trump Loss on $100,000 H-1B Fee

Partner Bo Cooper discussed a federal court decision vacating the $100,000 H-1B fee and noted that further legal proceedings are likely to shape the policy’s future.

Learn more

Blog post

Separating Fact and Fiction: Debunking Myths in German Immigration Law

Manager Adela Schmidt examines common misconceptions in German immigration law, including EU Blue Card mobility, short-term work permissions, residence permit extensions and communication with immigration authorities.

Learn more

Media mentions

Arbeit und Arbeitsrecht: § 45c AufenthG – Gut gemeint, aber lückenhaft?

Frankfurt Managing Partner Axel Boysen examines Germany's new Section 45c requirements and highlights key compliance considerations for employers recruiting talent from abroad.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
June 15, 2026Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite
June 16, 2026 | United StatesFragomen Welcomes Christopher Wendt as Counsel
June 16, 2026 | IndiaIndia: Visa Registration Rules and Employment Visa Categories Revised
June 16, 2026 | Switzerland, AustraliaThe ABC: Switzerland is set to vote on a population cap. Here's why it's divided the nation
June 16, 2026 | United StatesUnited States: July 2026 Visa Bulletin – Slight Retrogression for EB-1 India, Advancement for Most Other Employment-Based Categories; USCIS to Honor Employment-Based Final Action Dates
June 15, 2026Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite
June 16, 2026 | United StatesFragomen Welcomes Christopher Wendt as Counsel
June 16, 2026 | IndiaIndia: Visa Registration Rules and Employment Visa Categories Revised
June 16, 2026 | Switzerland, AustraliaThe ABC: Switzerland is set to vote on a population cap. Here's why it's divided the nation
June 16, 2026 | United StatesUnited States: July 2026 Visa Bulletin – Slight Retrogression for EB-1 India, Advancement for Most Other Employment-Based Categories; USCIS to Honor Employment-Based Final Action Dates
June 15, 2026Fragomen Featured in Global Mobility Lawyer’s 2026 GML Elite
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.