CUSMA (formerly called NAFTA) Work Permit

Under the CUSMA (formerly NAFTA) Work Permit, citizens of the United States and Mexico have special employment opportunities in Canada. Individuals covered by CUSMA may qualify to work in Canada without needing a Labour Market Impact Assessment (LMIA) or, in certain cases, a work permit.

NAFTA, a trilateral trade agreement between Canada, the United States, and Mexico, was replaced by the Canada–United States–Mexico Agreement (CUSMA) on July 1st, 2020. CUSMA maintains the same provisions for business visitors and workers traveling between these countries.

CUSMA outlines five scenarios in which American or Mexican citizens may be eligible for streamlined access to Canadian work authorization:

  • CUSMA Professionals
  • CUSMA Intra-Company Transferees
  • CUSMA Investors
  • CUSMA Traders
  • CUSMA Business Visitors

CUSMA Professionals

The CUSMA Professionals provision offers professional workers the chance to secure a Canadian work permit without undergoing a Labour Market Impact Assessment (LMIA). To qualify, individuals must possess relevant work experience listed in the CUSMA Professionals List of Occupations and have a job offer from a Canadian employer in the respective field.

Program Requirements – CUSMA Professionals

To be eligible for the LMIA exemption under CUSMA Professionals, applicants must hold citizenship from either the United States or Mexico. Additionally, they must meet CUSMA’s definition of a professional, demonstrating qualifications in one of the designated CUSMA Professional Occupations. Applicants need to prove their professional qualifications, typically through a degree or certification, along with evidence of pre-arranged employment with a Canadian employer.

Application Procedure – CUSMA Professionals

Individuals seeking a work permit as a CUSMA professional can apply through one of three methods:

  1. At a Canadian Port of Entry (POE)
  2. At a Canadian visa office before entering Canada
  3. If already in Canada as a temporary resident, they can apply from within the country.

To apply for a work permit under the CUSMA Professionals provision, applicants must submit the following required documents:

  • Proof of American or Mexican citizenship
  • Confirmation of pre-arranged employment in Canada
  • Evidence of Canadian employment specifying the profession
  • Credentials demonstrating qualifications in the intended profession in Canada

CUSMA Intra-Company Transfers

Under CUSMA, under certain circumstances, individuals from the United States or Mexico may relocate from their company to a Canadian-based enterprise. By transferring to the Canadian entity, these employees are exempt from the requirement of a Labour Market Impact Assessment (LMIA), although they must still apply for a Canadian work permit. Both the employee and the enterprise must meet specific requirements to qualify for this program.

Program Requirements – CUSMA Intra-Company Transfers

To qualify for an LMIA exemption under the CUSMA Intra-Company Transfers category, applicants must hold citizenship from either the United States or Mexico. They should be seeking employment in Canada in an executive, managerial, or specialized knowledge capacity. Applicants must demonstrate at least one year of continuous full-time employment in a similar role prior to the work permit application date. Additionally, the enterprises involved in the intra-company transfer must establish a qualified relationship, such as parent, branch, subsidiary, or affiliate.

Application Procedure – CUSMA Intra-Company Transfers

Individuals seeking a work permit as a CUSMA intra-company transferee can apply through one of three methods:

  1. At a Canadian Port of Entry (POE)
  2. At a Canadian visa office before entering Canada
  3. If already in Canada as a temporary resident, they can apply from within the country.

To apply for a work permit as a CUSMA intra-company transferee, applicants must provide the following required documents:

  • Proof of American or Mexican citizenship
  • Confirmation of current employment by an enterprise outside of Canada
  • Evidence of one year of full-time employment within the past three years before the application date
  • Verification that the Canadian position aligns with executive, managerial, or specialized knowledge criteria
  • Description of the intended role in Canada
  • Planned duration of stay in Canada
  • Explanation of the relationship between the Canadian enterprise and the American or Mexican enterprise

Work permits for CUSMA intra-company transferees may be issued for a maximum duration of three years, with the option to apply for extensions of up to two years.

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    CUSMA Investors

    Under CUSMA, certain American and Mexican investors can apply for a Canadian work permit without undergoing a Labour Market Impact Assessment (LMIA). To qualify for this LMIA exemption, investors must have already committed or intend to commit a substantial amount of capital in Canada. Additionally, the investor’s enterprise must hold American or Mexican nationality.

    Program Requirements – CUSMA Investors

    To be eligible for an LMIA exemption under the CUSMA Investors category, applicants must be citizens of either the United States or Mexico, and their enterprise must also possess American or Mexican nationality. It’s important to note that enterprise nationality is determined by ownership rather than the location of incorporation. Moreover, investors must demonstrate significant capital investment in Canada. If the applicant is an employee of the enterprise, their position must be executive, supervisory, or require essential skills.

    Application Procedure – CUSMA Investors

    Individuals seeking a work permit as a CUSMA investor should submit their applications in advance to a Canadian visa office. While it’s possible to apply for a work permit at a Canadian Port of Entry (POE), due to the complexity of this application type, it’s strongly recommended to apply in advance to a visa office. To apply for a work permit as a CUSMA investor, applicants must provide the following required documents:

    • Proof of American or Mexican citizenship
    • Proof of enterprise nationality as American or Mexican
    • Evidence of investment: financial documentation demonstrating previous or current possession and control of funds or other capital assets invested in Canada

    Work permits for CUSMA investors may be issued for a maximum duration of one year, with the option to apply for extensions of up to two years.

    CUSMA Traders

    Under CUSMA, certain American and Mexican traders have the opportunity to apply for a Canadian work permit without undergoing a Labour Market Impact Assessment (LMIA). To qualify for this LMIA exemption, traders must demonstrate their significant involvement in trading goods or services primarily between the United States or Mexico and Canada. Additionally, the trader’s enterprise must hold American or Mexican nationality.

    Program Requirements – CUSMA Traders

    To be eligible for an LMIA exemption under the CUSMA Traders category, applicants must be citizens of either the United States or Mexico, and their enterprise must also possess American or Mexican nationality. It’s important to note that enterprise nationality is determined by ownership rather than the location of incorporation. Moreover, traders must demonstrate substantial involvement in trading goods or services principally between the United States or Mexico and Canada. The applicant’s position must be executive, supervisory, or require essential skills.

    Application Procedure – CUSMA Traders

    Individuals wishing to apply for a work permit as a CUSMA trader should submit their applications in advance to a Canadian visa office. While it’s possible to apply for a work permit at a Canadian Port of Entry (POE), due to the complexity of this application type, it’s strongly recommended to apply in advance to a visa office. To apply for a work permit as a CUSMA trader, applicants must provide the following required documents:

    • Proof of American or Mexican citizenship
    • Proof of enterprise nationality as American or Mexican
    • Evidence of substantial participation in trading goods or services, primarily with Canada
    • Verification that the position meets the requirements of being executive, supervisory, or requiring essential skills

    Work permits for CUSMA traders may be issued for a maximum duration of one year, with the option to apply for extensions of up to two years.

    CUSMA Business Visitors

    Under this agreement, certain American and Mexican businesspersons have the privilege to enter Canada temporarily for international business activities without needing a Canadian work permit or a Labour Market Impact Assessment (LMIA). To qualify as a business visitor, individuals must engage in business activities with an international scope, maintain their primary source of income and principal place of business outside of Canada, and have no intention of entering the Canadian labor market.

    Program Requirements – CUSMA Business Visitors

    To be eligible for an LMIA and work permit exemption under the CUSMA Business Visitors category, individuals must hold citizenship from either the United States or Mexico. Their business activities must be international, and they must demonstrate a clear intention of not entering the Canadian labor market. Proof of primary income and business location outside of Canada is required.

    Application Procedure – CUSMA Business Visitors

    Those seeking entry into Canada as CUSMA business visitors can only apply at a Canadian Port of Entry (POE). Evaluation occurs at POEs, and applications cannot be submitted in advance. To apply as a CUSMA business visitor, individuals must provide the following documents:

    • Proof of American or Mexican citizenship
    • Documentation supporting the purpose of entry for business activities
    • Evidence of international scope in business activities
    • Proof of primary income source and business location outside of Canada

    Due to the temporary nature of business visitor activities, entry into Canada is authorized for short-term periods, except in extenuating circumstances.

    CUSMA Professionals Occupation List

    Occupation Minimum Education Requirements or Alternative Credentials
    Accountant – Baccalaureate or Licenciatura Degree; or – C.P.A., C.A., C.G.A. or C.M.A.
    Architect – Baccalaureate or Licenciatura Degree; or – State/provincial license
    Computer Systems Analyst – Baccalaureate or Licenciatura Degree; or – PostSecondary Diploma or PostSecondary Certificate, and three years experience
    Disaster Relief Insurance Claims Adjuster – Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or – Three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
    Economist – Baccalaureate or Licenciatura Degree
    Engineer – Baccalaureate or Licenciatura Degree; or – State/provincial license
    Forester – Baccalaureate or Licenciatura Degree; or – State/provincial license
    Graphic Designer – Baccalaureate or Licenciatura Degree; or – PostSecondary Diploma or PostSecondary Certificate, and three years experience
    Hotel Manager – Baccalaureate or Licenciatura Degree in hotel/restaurant management; or – PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
    Industrial Designer – Baccalaureate or Licenciatura Degree; or – PostSecondary Diploma or PostSecondary Certificate, and three years experience
    Interior Designer – Baccalaureate or Licenciatura Degree; or – PostSecondary Diploma or PostSecondary Certificate, and three years experience
    Land Surveyor – Baccalaureate or Licenciatura Degree; or – State/provincial/federal license
    Landscape Architect – Baccalaureate or Licenciatura Degree
    Lawyer (including Notary in the Province of Quebec) – LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or – Membership in a state/provincial bar
    Librarian – M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
    Management Consultant – Baccalaureate or Licenciatura Degree; or – Equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
    Mathematician (including Statistician) – Baccalaureate or Licenciatura Degree
    Range Manager/Range Conservationalist – Baccalaureate or Licenciatura Degree
    Research Assistant (working in a post-secondary educational institution) – Baccalaureate or Licenciatura Degree
    Scientific Technician/Technologist – Theoretical knowledge of one of the specified disciplines (agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics) and the ability to solve practical problems or apply principles in basic or applied research.
    Social Worker – Baccalaureate or Licenciatura Degree
    Sylviculturist (including Forestry Specialist) – Baccalaureate or Licenciatura Degree
    Technical Publications Writer – Baccalaureate or Licenciatura Degree; or – PostSecondary Diploma or PostSecondary Certificate, and three years experience
    Urban Planner (including Geographer) – Baccalaureate or Licenciatura Degree
    Vocational Counsellor – Baccalaureate or Licenciatura Degree
    Dentist – D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or – State/provincial license
    Dietitian – Baccalaureate or Licenciatura Degree; or – State/provincial license
    Medical Laboratory Technologist – Baccalaureate or Licenciatura Degree; or – Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
    Nutritionist – Baccalaureate or Licenciatura Degree
    Occupational Therapist – Baccalaureate or Licenciatura Degree; or – State/provincial license
    Pharmacist – Baccalaureate or Licenciatura Degree; or – State/provincial license
    Physician (teaching or research only) – M.D. or Doctor en Medicina; or – State/provincial license
    Physiotherapist/Physical Therapist – Baccalaureate or Licenciatura Degree; or – State/provincial license
    Psychologist – State/provincial license; or – Licenciatura Degree
    Recreational Therapist – Baccalaureate or Licenciatura Degree
    Agriculturist (including Agronomist) – Baccalaureate or Licenciatura Degree
    Animal Breeder – Baccalaureate or Licenciatura Degree
    Animal Scientist – Baccalaureate or Licenciatura Degree
    Apiculturist – Baccalaureate or Licenciatura Degree
    Astronomer – Baccalaureate or Licenciatura Degree
    Biochemist – Baccalaureate or Licenciatura Degree
    Biologist – Baccalaureate or Licenciatura Degree
    Chemist – Baccalaureate or Licenciatura Degree
    Dairy Scientist – Baccalaureate or Licenciatura Degree
    Entomologist – Baccalaureate or Licenciatura Degree
    Epidemiologist – Baccalaureate or Licenciatura Degree
    Geneticist – Baccalaureate or Licenciatura Degree
    Geologist – Baccalaureate or Licenciatura Degree
    Geochemist – Baccalaureate or Licenciatura Degree
    Geophysicist (including Oceanographer in Mexico and the United States) – Baccalaureate or Licenciatura Degree
    Horticulturist – Baccalaureate or Licenciatura Degree
    Meteorologist – Baccalaureate or Licenciatura Degree
    Pharmacologist – Baccalaureate or Licenciatura Degree
    Physicist (including Oceanographer in Canada) – Baccalaureate or Licenciatura Degree
    Plant Breeder – Baccalaureate or Licenciatura Degree
    Poultry Scientist – Baccalaureate or Licenciatura Degree
    Soil Scientist – Baccalaureate or Licenciatura Degree
    Zoologist – Baccalaureate or Licenciatura Degree