CUSMA

If you are a citizen of the United States or Mexico and want to work temporarily in Canada, the Canada–United States–Mexico Agreement (CUSMA) may provide a route to temporary entry without a Labour Market Impact Assessment (LMIA) in certain circumstances. However, CUSMA is not a general immigration program and does not give every American or Mexican citizen an automatic right to work in Canada.

CUSMA covers specific categories of businesspeople, including professionals, intra-company transferees, traders and investors. Some qualifying business visitors can also enter Canada without a work permit for permitted international business activities. Your eligibility depends on your citizenship, business activity, occupation, qualifications, employment arrangements and the category under which you apply.

This guide explains the main CUSMA categories, professional occupations, employer responsibilities, documents, application options, work-permit conditions, family considerations and how CUSMA can relate to a separate permanent residence application.

What Is CUSMA?

CUSMA stands for the Canada–United States–Mexico Agreement. It is also known as the United States–Mexico–Canada Agreement (USMCA) in the United States and Tratado entre México, Estados Unidos y Canadá (T-MEC) in Mexico. It replaced the North American Free Trade Agreement (NAFTA) on July 1, 2020.

Chapter 16 of CUSMA covers the temporary entry of businesspeople. Its purpose is to facilitate certain business activities between Canada, the United States and Mexico while maintaining each country's immigration, licensing, health, safety and security requirements.

That distinction matters. CUSMA is a temporary-entry framework, not a permanent immigration program. It does not automatically give you permanent resident status, and being eligible for temporary entry under CUSMA does not remove professional licensing or other requirements that apply in Canada.

Canada administers many CUSMA work permits through the International Mobility Program (IMP). Eligible categories can be exempt from an LMIA, but LMIA exemption does not mean that the worker or employer has no requirements to meet.

CUSMA Businessperson Categories

CUSMA recognizes four principal categories of businesspeople for temporary entry: business visitors, professionals, intra-company transferees, and traders or investors.

The agreement's temporary-entry provisions are reciprocal, but Canada's immigration procedures still apply to people seeking entry to Canada. Officers can assess admissibility and whether the requirements of the relevant CUSMA category have been met.

CUSMA Professional Work Permit

The CUSMA professional category is particularly relevant if you have a professional occupation and a pre-arranged role in Canada. Unlike a general work-permit application, however, your job title alone is not enough. Your position must correspond to one of the professions listed in CUSMA, and you must meet the education or alternative credential requirement specified for that profession.

For a CUSMA professional application, you generally need to establish that you:

• Are a citizen of the United States or Mexico;
• Have a pre-arranged professional role in Canada;
• Will perform work at a professional level in an occupation listed in CUSMA;
• Meet the minimum education or alternative credential requirements for that profession;
• Have duties that genuinely correspond to the listed profession; and
• Meet Canada's normal temporary-entry, work-permit and admissibility requirements.

Citizenship is important. Being a permanent resident of the United States or Mexico does not make you eligible for CUSMA professional treatment simply because you live in one of those countries. The CUSMA professional provisions are based on citizenship of a CUSMA party.

You also need to distinguish the profession listed in the agreement from the job title used by a Canadian employer. A modern position called "data consultant," for example, does not automatically qualify because it sounds similar to another occupation on the CUSMA list. Officers look at the actual duties and the requirements of the listed profession.

CUSMA Professions and Education Requirements

CUSMA Appendix 2 contains the professional occupations eligible under the agreement and identifies the minimum education requirements or alternative credentials. The list includes professions from several fields, including business, science, engineering, healthcare and education.

The full CUSMA list also includes architects, foresters, graphic designers, industrial designers, interior designers, land surveyors, landscape architects, lawyers, librarians, mathematicians and statisticians, social workers, urban planners, vocational counsellors, dentists, dietitians, occupational therapists, psychologists, recreational therapists, scientists and other specified professionals.

The official CUSMA text should be used when assessing an occupation because the minimum credential can differ considerably from one profession to another. Some professions accept a degree, while others provide alternative routes involving licences, post-secondary credentials or specified experience.

For regulated professions, remember that satisfying CUSMA's professional requirement is not the same as receiving authorization to practise in Canada. CUSMA itself expressly preserves applicable licensing and qualification requirements.

How to Apply for a CUSMA Work Permit

The application process depends on your category and circumstances, but a typical employer-specific CUSMA work permit process involves both the employer and the worker.

• Confirm the category: Determine whether you qualify as a professional, intra-company transferee, trader, or investor, or whether you are instead a business visitor who does not need a work permit.
• Confirm the position: For professionals, compare the actual Canadian job duties with the CUSMA profession and credential requirements.
• Prepare the employment documentation: The employer should provide a detailed letter or contract explaining the position, duties, location, duration, and other relevant terms.
• Submit the offer through the Employer Portal when required: An employer using an LMIA-exempt employer-specific work permit generally submits the required employment information through the IRCC Employer Portal.
• Pay the applicable employer compliance fee: The employer normally pays this fee unless an exemption applies.
• Receive the offer of employment number: The worker generally needs the number associated with the employer's submission when completing the work-permit application.
• Prepare your application: Gather proof of citizenship, qualifications, employment documents and other evidence required for your category.
• Submit the work-permit application: The available application method depends on where you are applying, your citizenship and your circumstances.
• Complete additional requirements: Depending on the case, IRCC may require biometrics, a medical examination, police documentation or other evidence.
• Wait for a decision. An IRCC officer or, where permitted, a border services officer assesses whether the requirements have been met.

For an LMIA-exempt employer-specific work permit, the employer's responsibilities are an important part of the process. A CUSMA application is not simply a worker submitting a résumé and asking for a permit.

Documents You May Need

Your document list depends on the CUSMA category, profession, citizenship and place of application. The following checklists are therefore a starting point rather than a universal list.

Professionals

For CUSMA professionals, you should prepare documents that demonstrate your citizenship, qualifications, professional experience, job offer, and eligibility for the specific profession.

• Valid U.S. or Mexican passport;
• Detailed employment or job-offer letter;
• Offer of employment number, where required;
• Degree, diploma or other qualifying credential;
• Professional licence or registration, where applicable;
• Résumé or CV;
• Letters or other evidence of relevant work experience, where required;
• Evidence showing how the proposed duties correspond to the CUSMA profession;
• Completed application forms;
• Fee receipts; and
• Any additional documents required because of your individual circumstances.

Intra-Company Transferees

For CUSMA intra-company transferees, you may need documents proving your employment history, the relationship between the companies, your role, and the details of your temporary transfer to Canada.

• Proof of U.S. or Mexican citizenship;
• Evidence of the relationship between the foreign and Canadian enterprises;
• Proof of employment with the foreign enterprise;
• Evidence of the qualifying executive, managerial, or specialized-knowledge position;
• Details of the Canadian assignment;
• Corporate organizational documents;
• Employment records and résumé; and
• Employer Portal documentation and other required forms, where applicable.

Traders and Investors

For CUSMA traders and investors, you may need documents showing the nature and scale of your trade or investment, your business role, and the funds or commercial activity supporting your temporary stay in Canada.

• Proof of citizenship;
• Evidence of substantial trade or investment;
• Business ownership and corporate records;
• Evidence of committed or invested funds;
• Business plan and financial information, where relevant;
• Evidence of the applicant's executive, supervisory or essential role;
• Records showing the business relationship between the relevant countries, for traders; and
• Other documents demonstrating that the CUSMA requirements have been met.

Employer Requirements and Responsibilities

LMIA-exempt does not mean employer-exempt.When a Canadian employer hires a foreign worker through an LMIA-exempt employer-specific category, the employer generally has to complete the required compliance steps before the work permit can be issued. Depending on the situation, the employer must:

• Confirm that the position qualifies under the applicable CUSMA category;
• Submit the offer of employment through the IRCC Employer Portal when required;
• Pay the employer compliance fee unless an exemption applies;
• Provide accurate information about the occupation, wages, duties and working conditions;
• Give the worker the required offer of employment number;
• Respect the employment conditions submitted to IRCC; and
• Keep required records and comply with possible employer inspections.

IRCC can inspect employers participating in the International Mobility Program. An employer should therefore not treat the Employer Portal submission as a formality. The information submitted needs to accurately reflect the real job.

Where and How Can You Apply?

CUSMA applicants may have different options depending on their citizenship and circumstances.

Applying From Outside Canada

If you are outside Canada, you can generally apply for a work permit before travelling to Canada. The application process and any visa or electronic travel authorization requirements depend on your citizenship and travel circumstances.

For a professional or other employer-specific CUSMA application, the approval may result in a letter of introduction. If approved, the actual work permit is normally issued when you arrive in Canada, subject to the applicable entry requirements.

Applying From Inside Canada

Some people in Canada can apply for an initial work permit from inside the country. CUSMA contains specific provisions for this situation. Current IRCC guidance states that Mexican citizens admitted to Canada as visitors may apply in Canada under any CUSMA category. U.S. citizens admitted as visitors may apply in Canada under the CUSMA professional or intra-company transferee categories.

These provisions should not be generalized to every CUSMA applicant. You must also maintain valid temporary resident status and comply with the conditions attached to your status while in Canada.

Applying at a Port of Entry

Some CUSMA applicants may be eligible to apply for a work permit at a Canadian port of entry. However, port-of-entry eligibility is not the same for every applicant. In particular, do not assume that every Mexican citizen can simply arrive at a Canadian border and apply for a CUSMA work permit.

Visa requirements, travel documents, eligibility to make a port-of-entry application and the particular CUSMA category must all be considered. Check the latest IRCC work-permit instructions before travelling to Canada for the purpose of applying at a port of entry.

Work Permit Conditions, Duration and Extensions

Most CUSMA work permits are employer-specific. This means that the permit can restrict you to the employer, occupation and location identified on the document. The initial validity period depends on the CUSMA category, the proposed employment and the circumstances of the application. Your passport validity can also affect how long your permit can be issued. If you want to continue working after the permit expires, you may be able to apply for an extension.

You must continue to meet the requirements of the applicable CUSMA category. An extension is not automatic simply because you previously held a CUSMA permit. If you want to change employers, occupation, or other conditions on an employer-specific permit, you generally need to apply for a new work permit before making the change. Do not begin substantially different employment while relying on a permit that authorizes another job.

If you apply to extend your work permit before your current authorization expires and meet the relevant requirements, maintained status may allow you to continue working under the existing conditions while IRCC processes the application. Do not rely on a fixed processing-time promise. Processing times change according to application type, location, and other factors. Check IRCC's current processing-time tool immediately before applying.

Business Visitors Under CUSMA

A CUSMA business visitor is different from a CUSMA professional with a work permit. Qualifying business visitors can conduct specified international business activities without obtaining a work permit, provided they meet the requirements for business-visitor entry and do not enter Canada's labour market. Activities can include the following:

• Business meetings and consultations;
• Conferences and conventions;
• Market research;
• Purchasing activities;
• Sales activities that meet the agreement's conditions;
• After-sales service; and
• Other international business activities specifically covered by CUSMA.

For business visitors, the agreement generally requires evidence that the activity is international in scope and that the person is not seeking to enter the local Canadian labour market. The primary source of remuneration and principal place of business are relevant considerations.

A business visitor cannot simply use visitor status as a substitute for a work permit. Taking an ordinary Canadian job or performing hands-on work outside an authorized business activity can require a work permit.

CUSMA Intra-Company Transferees

The intra-company transferee category is designed for qualifying employees of an enterprise who are being transferred to Canada to work for the enterprise or a related Canadian entity. The Canadian and foreign businesses must have the required corporate relationship. This can include a parent, subsidiary, branch or affiliate relationship.

The employee must also fit a qualifying role. CUSMA provides for temporary entry in an executive, managerial or specialized-knowledge capacity. The agreement permits a country to require the businessperson to have been employed continuously by the enterprise for one year during the three years immediately before applying for admission.

A strong application therefore needs evidence of both sides of the transfer: the corporate relationship and the employee's qualifying role. Useful evidence can include:

• Corporate registration records,
• Organizational charts,
• Financial information,
• Employment records,
• Job descriptions,
• Documentation explaining the specialized knowledge or,
• Managerial responsibilities involved

CUSMA Traders and Investors

CUSMA provides specific work permit options for eligible Mexican and U.S. citizens who want to conduct substantial trade or make a significant investment in Canada. Traders and investors must meet the applicable eligibility requirements and demonstrate that their business activities or investment qualify under the CUSMA provisions.

CUSMA Traders

A trader must be coming to Canada to carry out substantial trade in goods or services principally between Canada and the country of the applicant's citizenship. The applicant must also occupy a qualifying role, such as an executive or supervisory position or a role involving essential skills. Evidence should demonstrate the scale and nature of the trade rather than simply showing that a company has made occasional transactions across the border.

CUSMA Investors

An investor must be seeking to establish, develop, administer or provide advice or key technical services to an investment in which the applicant or the applicant's enterprise has committed, or is in the process of committing, a substantial amount of capital. The investment should relate to a real and active Canadian enterprise.

The applicant must have an executive, supervisory or essential role connected with developing and directing the investment. CUSMA does not establish one universal investment amount that automatically qualifies every applicant. Officers assess the investment in context, including the nature and scale of the business and the applicant's role.

Can You Bring Your Family?

Your spouse or common-law partner and dependent children may be able to accompany you to Canada, but family members do not automatically receive the same work authorization as the principal CUSMA worker. Depending on their circumstances, family members may apply for visitor status, a study permit, or a work permit.

Eligibility for a spousal open work permit depends on the rules in force when the application is made and the principal worker's circumstances. Current family open work permit rules are more restrictive than earlier versions of Canada's policy. You should therefore verify current IRCC eligibility instead of assuming that every spouse of a CUSMA worker qualifies automatically. Family applications can require:

• Proof of the marital or common-law relationship;
• A copy of the principal applicant's work permit or approval;
• Proof of temporary status, where applicable;
• Separate application forms;
• Applicable fees; and
• Documents demonstrating the family member's own eligibility

Dependent children may accompany the worker as visitors or students, subject to the rules that apply to their individual circumstances.

CUSMA and Permanent Residence

A CUSMA work permit is a temporary work authorization. It is not a permanent residence program and does not automatically convert into permanent resident status. However, Canadian work experience gained while legally working in Canada may later support eligibility for a separate permanent residence program. Depending on your circumstances, possible programs can include the following:

• Canadian Experience Class,
• Federal Skilled Worker Program, a
• Provincial Nominee Program or an
• Express Entry category-based pathway.

Eligibility depends on the requirements of the separate program. Your Canadian work experience, occupation, language ability, education, and other factors may be relevant. It is therefore more accurate to say that Canadian work experience gained under CUSMA may support eligibility or improve a person's profile under a separate permanent residence program. It does not mean that holding a CUSMA permit guarantees permanent residence.

CUSMA Fees and Processing Times

IRCC currently lists the standard work-permit processing fee as 155 CAD. The employer compliance fee is generally paid by the employer for an LMIA-exempt employer-specific offer, unless the employer is exempt. Biometrics, medical examinations, translations and other costs may apply separately.

Because fees and processing procedures can change, check the current IRCC fee list and processing-time tool before submitting an application.

Common CUSMA Application Mistakes

Several mistakes can complicate an otherwise potentially eligible application.

• Using a similar job title instead of the listed profession: The actual duties must correspond to the CUSMA profession.
• Assuming LMIA-exempt means employer-exempt: Employers can still have Employer Portal and compliance obligations.
• Ignoring professional licensing: CUSMA does not replace provincial or territorial licensing requirements.
• Using business-visitor status for ordinary employment: Business visitors must remain within permitted international business activities.
• Assuming every American or Mexican citizen qualifies: Citizenship is only one part of the eligibility assessment.
• Assuming a CUSMA permit provides permanent residence: Permanent residence requires a separate immigration application and eligibility assessment.
• Assuming family members automatically receive work permits: Family members have their own eligibility requirements.
• Relying on outdated processing times: Check IRCC's live tool before applying.

CUSMA can make temporary business travel and certain types of professional employment between Canada, the United States, and Mexico more straightforward, but eligibility is specific to the category and the facts of the case. If you are a professional, start by checking the CUSMA occupation list and comparing your actual job duties and credentials with the requirements.

If you are being transferred within a multinational organization, focus on the corporate relationship and your qualifying role. Traders and investors need evidence of substantial commercial activity or investment. Business visitors must remain outside the Canadian labour market.

Finally, remember that a CUSMA work permit is temporary and does not replace professional licensing or create permanent residence. If you later want to settle in Canada permanently, assess your eligibility under a separate permanent residence program. CUSMA rules, work-permit procedures, fees, and family-member eligibility can change. Check the latest IRCC and Government of Canada guidance before submitting an application.

Frequently Asked Questions

Is CUSMA the Same as NAFTA?

CUSMA replaced NAFTA on July 1, 2020. The agreement is called USMCA in the United States and T-MEC in Mexico. Its temporary-entry provisions preserve the four main businessperson categories that existed under NAFTA, with updated provisions and terminology.

Who Is Eligible for a CUSMA Work Permit?

Eligible U.S. and Mexican citizens may qualify under specific CUSMA categories, including professionals, intra-company transferees, traders and investors. Each category has its own requirements. For professionals, the occupation must appear on the CUSMA list and the applicant must meet the applicable credential requirements and have qualifying professional-level work arranged in Canada.

Do Canadian Permanent Residents Qualify for CUSMA?

Not simply because they are permanent residents of the United States or Mexico. CUSMA's temporary-entry provisions for businesspeople are based on citizenship. A person who is only a permanent resident of the United States or Mexico does not acquire CUSMA eligibility solely from that residence status.

Do I Need a Canadian Job Offer?

For a CUSMA professional work permit, you generally need a pre-arranged professional activity or role in Canada. The precise documentation depends on the category. Business visitors are different because qualifying business visitors may conduct permitted international activities without entering Canada's labour market or obtaining a work permit.

Does a CUSMA Employer Need an LMIA?

Generally, qualifying CUSMA work permits are LMIA-exempt. However, an LMIA exemption does not remove the employer's obligations. For an employer-specific LMIA-exempt work permit, the Canadian employer will generally need to submit the offer through the IRCC Employer Portal and pay the employer compliance fee unless an exemption applies.