CUSMA Work Permit Types
If you are a professional or a business person who is a citizen of the United States or Mexico, the CUSMA allows you to sell, provide goods or services, trade, and invest in Canada.
Individuals who are permanent residents – but not citizens – of the United States and Mexico do not qualify under CUSMA, nor does the privilege of CUSMA extend to spouses and family members. Business persons are grouped under the following 4 categories:
Business Visitors
Business persons under this category engage in international business activities related to research and design, growth, manufacture and production, marketing, sales, distribution, after-sales services and general service. They have no intent to enter the Canadian labour market. They are authorized to enter Canada for business purposes without the need of a work permit.
Professionals
The CUSMA allows for the temporary entry of certain professionals, such as accountants, engineers, and scientists, to work or engage in business activities in Canada.
Traders and Investors
Business persons under this category carry on substantial trade in goods or services, in a supervisory or executive capacity or one that involves essential skills, between the U.S. or Mexico and Canada or have committed, or are in the process of committing, a substantial amount of capital in Canada. They are exempt from LMIA but need a work permit.
CUSMA Professionals
Below is a list of all the professions eligible under CUSMA, along with their requirements
There are several occupations covered by the CUSMA agreement with required minimum education requirements and alternative credentials (can be found on the CUSMA webpage – Appendix 2). They are exempt from LMIA but need a work permit.
CUSMA Primary Benefits
- CUSMA permits qualified American and Mexican citizens to seek temporary entry into Canada to engage in business activities at a professional level.
- Work permits under CUSMA are Labour Market Impact Assessment (LMIA) Exempt, which makes them easier and faster to obtain.
CUSMA Basic Requirements
You may be eligible to enter as a business visitor under CUSMA, if:
CUSMA Business Visitor Requirements
- You have Proof of American or Mexican citizenship;
- You enter Canada to conduct international business activities, which are research and design, growth, manufacture and production, marketing, sales, distribution, after-sales services or general service;
- You have no intent to enter the Canadian labour market;
- You meet all other immigration and admissibility requirements.
CUSMA Professionals Requirements
- You have Proof of American or Mexican citizenship;
- Your profession qualifies under the 63 occupations covered under the CUSMA agreement with the required education credentials and qualifications to work in that field;
- You have a prearranged full-time or part-time job in Canada;
- You must provide professional-level services in the field of qualifications;
- You meet all other immigration and admissibility requirements.
CUSMA Intra-Company Transferee Requirements
- You have proof of American or Mexican citizenship;
- You will be seeking employment in an executive or managerial capacity or one involving “specialized knowledge;”
- You will be transferring to an enterprise that has a qualifying relationship with the enterprise in which you are currently employed;
- There is a parent, branch, subsidiary or affiliate relationship between enterprises in the U.S or Mexico and in Canada;
- You have continuous employment, in a similar position outside Canada, for at least one year (full-time) in the previous three-year period from the date of initial application;
- You meet all other immigration and admissibility requirements.
CUSMA Treaty Trader Requirements
- You have proof of American or Mexican citizenship;
- The employing enterprise has American or Mexican nationality;
- The substantial trade in goods or services is involved in business activities;
- Trade is principally between either the U.S. or Mexico, and Canada;
- You hold supervisory or executive positions, or your position involves essential skills;
- You meet all other immigration and admissibility requirements.
CUSMA Treaty Investor Requirements
- Proof of American or Mexican citizenship;
- The enterprise has American or Mexican nationality;
- There has been substantial investment made, or it is actively being made;
- You are applying to enter Canada only to develop and direct the enterprise;
- If you are an employee, you hold positions in executive or supervisory capacities, or if your positions involve essential skills;
- You meet all other immigration and admissibility requirements.
CUSMA Application Process
For Business Visitors
You must apply with all required documents at a Canadian port of entry. You may be authorized to enter at the Primary Inspection Line or referred to Immigration Secondary if you apply to enter under the after-sales service provision. A visitor record may be issued if necessary.
For Professionals
You can apply at a Canadian port of entry, at a visa office before departing for Canada or apply within Canada after entering Canada as a temporary resident. An initial work permit of up to 3 years may be issued, and extensions of up to 3 years each may be allowed with no limit on the number of extensions given that all requirements are met.
For intra-company transferees
You can apply at a Canadian port of entry, at a visa office before departing for Canada or apply within Canada after entering Canada as a temporary resident. Work permits issued at the time of entry may be up to 3 years, but business persons authorized to enter Canada to open an office or to be employed in a new office should be issued an initial permit for a maximum period of one year. Please note that there are maximum years you can stay in Canada under this category for different positions.
For traders and investors
U.S. and Mexican citizens can apply for a work permit at a Canadian port of entry, but it is recommended to apply at a visa office because of the complex nature of the application. If you are already in Canada as a temporary resident, you can also apply for a work permit from within Canada. The initial work permit is valid for up to 1 year and can be extended for 2 years if requirements are met.
CUSMA Work Permit Processing Times
CUSMA applications may be one of the fastest ways for qualified American or Mexican citizens to get Canadian work permits or business visitor status. In many cases, you may get approved for work permits in as fast as 15 minutes at Canadian ports of entry.