How to come to Canada through CUSMA
Under the Canada-United States-Mexico Agreement (CUSMA), citizens of the United States and Mexico can obtain a Canadian work permit. CUSMA work permits typically do not require a Labor Market Impact Assessment (LMIA). However, employees and employers using the CUSMA program must comply with all temporary work regulations in Canada.
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US and Mexican citizens do not need a temporary resident visa to enter Canada, so applications for a CUSMA work permit can be made at any port of entry or at a visa office.
There are four categories of temporary work covered by CUSMA:
- CUSMA professional
- CUSMA transfer within the company
- CUSMA dealer
- CUSMA Investors
CUSMA professionals
A CUSMA Professional is an applicant who qualifies to work in one of approximately 60 aspired professions. They must have pre-arranged employment in Canada that matches their qualifications. Depending on the profession, an applicant may be required to provide evidence of educational credentials or work experience in the field.
To be admitted under the CUSMA job category, an individual must:
- be a citizen of the United States or Mexico;
- Have an occupation that appears in the list below;
- Be qualified to work in this occupation (degree or certification in a related educational program);
- Have pre-arranged employment with a Canadian employer;
- Provision of professional level services in the field of qualification; and
- Follow existing immigration regulations for temporary entry.
CUSMA intercompany transfers
A CUSMA intra-corporate transfer is an employee transferred to Canada to work for a branch, subsidiary or affiliate of their US or Mexican employer that meets ICT requirements. The transferee must have worked continuously for their US or Mexican employer in a position similar to that in Canada for at least one of the last three years and be employed at the time of application.
The acquirer must hold a managerial or managerial position, or demonstrate specific knowledge of the company’s products, services, processes and procedures.
CUSMA dealer
A CUSMA trader is someone who comes to Canada to trade goods or services between Canada and their country of citizenship, either the United States or Mexico.
To be eligible under the LMIA CUSMA dealer exemption, a business must:
- be a citizen of the United States or Mexico;
- Be employed by a US or Mexican company (the majority of the company must be owned by US or Mexican citizens); and
- Be employed in a managerial or managerial position or have duties that require significant skills for the Company.
In addition, the principal business activities of the entity employing the business person must involve significant trade in goods or services, and the trade must be primarily between the United States or Mexico and Canada.
CUSMA Investors
A CUSMA investor is someone who has made a significant investment in a new or existing Canadian company and is coming to Canada to develop and direct the business. In order to “develop and direct” the company, the investor must demonstrate that it holds a controlling interest in the company.
Various factors are considered when determining whether an investor falls into this category, such as: B. his title, his position in the company hierarchy, his professional duties, etc. Usually CUSMA investors do not participate in the practical activities of the company.
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