By Michael T. Jackson
In September 2025, the governments of Canada, Mexico, and the United States announced that each country was kicking off the joint review process required by Article 34.7 of the U.S.-Mexico-Canada Agreement (USMCA). This is set to occur on 1 July 2026 by launching public consultations across all three countries and coincides with the sixth anniversary of the USMCA’s effective date. The purpose of the required review is to determine if the agreement will be allowed to expire in 2036 or be extended, and to address any matters identified for review by any of the governments.
Importance of the Joint Review Process and Future of USMCA
This formal joint review comes at a critical point where trading relationships between the three countries are being transformed by U.S. President Donald Trump’s return to the White House in January. Since returning to office, the Trump administration’s trade and tariff policies have resulted in new tariffs being implemented by the United States, directly impacting Canada and Mexico. To date, these tariffs have been focused on non-USMCA-subject goods. However, the broader evolving trading landscape increases the likelihood that one or more governments will seek to revise or replace the existing agreement.
While the trade components that comprise the core of the USMCA have significant ramifications on the business operational and economic conditions that directly impact talent mobility, the USMCA also includes provisions that form the foundation for enabling temporary business-related immigration of employees between the three countries. For more than three decades, Chapter 16 of the USMCA, “Temporary Entry for Business Persons,” has provided employers pathways to support the movement of individuals in prearranged professional-level positions, intracompany transfers of managers, executives, and individuals with specialized knowledge, and short-duration business travel.
Each year, hundreds of thousands of employees utilize the temporary mobility provisions to engage in activities critical to the business operations of companies across North America. This activity fosters significant economic benefits, an example of which can be seen in the export of services.
For the United States, the export of services to Canada and Mexico reflected over $140 billion in activity and yielded a trade surplus of $38 billion, favorable to the United States in 2024. For Canada, the export of services to the U.S. has grown by over 246% since 2000 to comprise over $200 billion CDN of activity in 2023, according to the Canadian government. For Mexico, the export of services to the U.S. has grown over 300% since 2000 and reflected over $45 billion in activity in 2024 alone.
Key to enabling this activity are the mobility provisions contained within USMCA’s Chapter 16. Their future status within the context of any USMCA-related actions will have real and direct tangible impacts on each country.
WERC’s Activity in Support of Talent Mobility
Responding to the public consultations, WERC submitted, on behalf of the talent mobility industry and its members, letters to the U.S. Trade Representative’s Office and Global Affairs Canada. These letters urge the governments to maintain the mobility mechanisms within Chapter 16 while modernizing the provisions to best meet the needs of today’s employers and workforces in all three countries.
WERC is also closely aligning with a range of mobility and business industry stakeholders, including CERC and the U.S. Chamber of Commerce, to advocate on behalf of the USMCA and its mobility provisions. Over the next several months, activities related to the USMCA and the joint review are expected to ramp up. Talent mobility practitioners are encouraged to keep an eye on potential developments and continue to share with WERC how the agreement and its mobility provisions benefit their organizations and/or their clients’ organizations and their movement of talent across North America.
Involvement and engagement from across the talent mobility industry will be critical for ensuring that the governments understand the benefits associated with the mobility mechanisms and ensure that they continue to benefit employers and workers across North America for years to come.