Under the Canada-Mexico Agreement (CUSMA), Mexican and United States citizens can acquire a Canadian Work Permit. Work permits under CUSMA don’t normally need a Labor Market Impact Assessment (LMIA). Workers and employers who use the CUSMA program must strictly follow all the permissions that temporarily govern work permits in Canada.
Citizens of Mexico and America do not need a temporary resident visa to enter Canada, hence CUSMA applications for a work permit can be done at any entry port or visa office.
The four categories of temporary work covered under CUSMA include:
- CUSMA Professional
- CUSMA Traders
- CUSMA Investors
- CUSMA Intra-Company transfer
- CUSMA Business Visitors
1. CUSMA Professionals
A CUSMA professional is known to be an applicant who is qualified to work in any of the approximately sixty professions. These applicants must have mandatory pre-arranged employment in Canada that aligns with their qualifications. Depending on the profession, an applicant might need to show proof of their work experience or educational criteria. This is one of the ways to immigrate to Canada through CUSMA.
To get eligibility under the CUSMA professional category, the person must meet the following requirements:
- Be a US or Mexican citizen
- Have a profession identified in the below list
- Be qualified to work in the profession, either a certification or degree in any related educational program
- Already have employment that is pre-arranged with an employer in Canada
- Provide services at a professional level in the chosen field of qualification
- Be in total compliance with the already existing immigration requirements for temporary entry.
2. CUSMA Traders
A CUSMA trader is a person in Canada who trades goods or services between Canada and either the US or Mexico (their country of citizenship).
To gain eligibility under the CUSMA trader LMIA exemption, the business person has to meet the following criteria:
- Be a citizen of Mexico or the US.
- Get Employment from an American or Mexican company (What this means Is that a good part of the company should be owned by American or Mexican persons).
- Be employed in an executive or supervisory position or have duties that add essential skills to the business.
The company’s business principles are that the employment has to include substantial goods or services, and the trade has to be exquisitely between Mexico, Canada, or the U.S.
3. CUSMA Investors
One way to immigrate to Canada through CUSMA is to be a CUSMA investor. A CUSMA investor is someone who has made a worthy investment in a new or already-existing Canadian business and is immigrating to Canada to develop and direct the business.
To develop and direct the business, the investor has to show that they have a stake in controlling it. Different factors are considered to determine if an investor falls under this category. Some of these factors include Title, job duties, position in the company’s hierarchy, etc. CUSMA investors normally do not participate in the business’s hands-on activities.
4. CUSMA Intra-Company Transfers
Under CUSMA, a US or Mexican citizen might transfer from their enterprise to a Canadian enterprise. When transferred to a Canadian enterprise, the employee will be exempted from using a Labor Market Impact Assessment (LMIA). However, they might be required to apply for a Canadian Work permit.
To qualify for the program, the enterprise and the employee need to meet specific requirements.
Program Requirements
To qualify for the LMIA exemption under the CUSMA Intra-company Transfers Category:
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- The person has to be either a Mexican or a United States Citizen.
- The individual must seek employment in an executive or managerial position or in a position that requires specialized knowledge.
- The person must show that he or she has held continuous employment in an equivalent position for at least one year full-time before the scheduled date of the work permit application.
Application Procedure for the CUSMA Intra-Company Transfers
If you wish to apply for a work permit as a CUSMA Intra-company transferee, you can do so in any of the three ways below.
- At a Canadian Port of Entry of your choice
- At a visa office in Canada, before entry to Canada
- The individual can apply from within the country if already inside Canada as a temporary resident.
To successfully apply for a work permit as a CUSM intra-company transferee, the following requirements will be needed:
- A valid proof of Mexican or American Citizenship
- Confirmation of your present employment by an enterprise not within Canada.
- Proof that the Canadian Position Criteria in executive or managerial positions or requiring specialized knowledge meets the criteria.
- Outline of your position in Canada
- Duration of your Stay in Canada.
- Relationship description between the enterprise Canada and the Mexican or American enterprise.
5. CUSMA Business Visitors
Some Mexican and American businesspeople have become eligible to enter Canada to engage temporarily in International Business activities without needing a Canadian work permit or even an LMIA.
To be eligible as a business visitor, you must carry out international business activities. The business visitor must also stick to their primary source of remuneration and have their main place of business outside Canada. The business visitor is not meant to intend to enter the Canadian Labour Market.
Program Requirements for CUSMA Business Visitors
To successfully apply for an LMIA and work permit exemption under the CUSMA Business Visitor Category, the following criteria should be met:
- Valid US or Mexico citizenship.
- The nature of the person’s business has to be an international one.
