They also have the shortest walk back.
Which one matters may come down to a passport.

The proposal, published September 11, would strike 8 CFR 214.1(l)(2). Today, an E, H-1B, H-1B1, L-1, O-1 or TN worker whose job ends early can be treated as still in status for up to 60 days.

Under the proposal, status would end the day after the job does, for the worker and the worker's family. For now, it is only a proposal.

The walk back. A Canadian TN needs no petition and no visa. With a new employer's support letter, a Canadian can apply at a Class A port of entry or preclearance and, if the officer approves, be readmitted the same day. Job ends Monday, offer Wednesday, lawfully at work Thursday.

A Mexican TN can't do that. Today, many stay in the U.S. while a new employer files a petition with USCIS, even if there's a gap between jobs. That gap is what the grace period covers. Without it, any gap between jobs leaves a new TN visa and a consular appointment. Two nationalities, one USMCA category, very different burdens.

The fallback. Most other classifications covered by the rule have at least one of these. TN has neither:

• A compelling circumstances EAD (limited to E-3, H-1B, H-1B1, L-1 and O-1 workers with an approved I-140)

• Portability or an employer-paid ticket home (H-1B has both; O-1 only has the ticket)

A working spouse won't fill the gap either. Today, E and L spouses can keep earning while the principal looks for work, and TD spouses can't. Under the proposal, that difference disappears, because everyone's dependent status ends at once.

Two more things for employers and HR:

Depart-and-reapply puts the worker in front of a consular officer or CBP, who must be satisfied the stay has a reasonable, finite end. For a TN on a green card track, that was already the hard part.

Out of status is not the same as unlawful presence. Under current USCIS policy, a TN generally starts accruing unlawful presence the day after the I-94 expires, or earlier if USCIS or an immigration judge finds a violation. But out of status still means removable, and DHS says some workers may receive Notices to Appear.

One last point. DHS's stand-in for affected workers was withdrawn I-129 petitions, and 99 percent of those workers were H-1B. A TN admitted at the border or on a consular visa may never have had an I-129 at all, and TN employers aren't required to withdraw one when a job ends. If a worker's immigration history is a support letter, a folder, and a line at the Peace Bridge, that model barely sees them.

***Disclaimer: This post is for general informational purposes and does not constitute legal advice. Every case is fact specific. Please contact our office to discuss how this decision may affect your individual situation.***