According to the Canada-United States-Mexico Agreement (CUSMA), all the citizens of the United States and Mexico can attain a Canadian work permit. Work permits that come under CUSMA do not require a Labour Market Impact Assessment (LMIA). Regardless of this, workers and employers who go by the CUSMA program must follow all provisions governing temporary work in Canada.
Citizens of America and Mexico do not require a Temporary Resident Visa to cross borders in Canada, the CUSMA applications for a work permit can be done at any port or a Visa office. There is a total of four categories of temporary work that come under CUSMA:
- CUSMA Professional
- CUSMA Intra-Company transfer
- CUSMA Traders
- CUSMA Investors
CUSMA professional is a candidate who is eligible to work in one of 60 professions. They are required to have pre-arranged employment in Canada that complements their qualifications. Depending on the profession, a candidate may require to show evidence of educational credentials or work experience in the field. To qualify under the CUSMA professional category, a person should:
- Be a citizen of America or Mexico
- Have a profession identified in the list
- Be qualified to work in that profession
- Have pre-arranged employment with a Canadian employer
- Have provision of professional-level services in the field of qualification
- Compliance with existing immigration requirements for temporary entry.
CUSMA Intra-Company Transfers
A CUSMA Intra-company transfer is an employee transferring to Canada to work for a branch, subsidiary, or affiliate of their US or Mexican employer who fulfills the ICT requirements. The worker is required to have worked continuously for their US or Mexican company for a minimum of three years in the same position for the work being done in Canada and must be employed while applying. The worker must be in a managerial or executive role or showcases specialized knowledge of the company’s products, services, and processes.
CUSMA trader is the one who is planning to move to Canada to carry out trade of goods or services between Canada and their country of citizenship, either the US or Mexico. To qualify under the CUSMA trader LMIA exemption, a businessperson should:
- Be a citizen of either the US or Mexico
- Be employed by an American or Mexican company (the majority of the company must be owned by persons of American or Mexican citizenship)
- Be employed in a supervisory or executive position, or have duties that require essential skills for the business.
- Manages the principal business activities of the company and the trade must be principally between either the U.S. or Mexico and Canada.
A CUSMA investor makes a substantial investment in a new or existing Canadian business and is coming to Canada to develop and direct the business. To develop and direct the business, the investor must exhibit that they have a major stake in the business. Numerous factors are determined whether an investor falls under this category, such as their title, their place within the organization’s hierarchy, and their job duties, to name a few.