Canada-United States-Mexico Agreement (CUSMA)
FORMER NAFTA
Canada-United States-Mexico Agreement (CUSMA) is a trilateral Free Trade Agreement that replaced previous NAFTA on July 1, 2020. CUSMA facilitates temporary entry for business persons who are citizens of the of these tree countries and who are involved in the trade of goods or services, or in investment activities.
Under CUSMA business persons covered by the Agreement are exempt from the requirement to have a positive Labour Market Impact Assessment (LMIA). The agreement covers the following four categories of business persons:
To enter Canada as a Business visitor under CUSMA, a citizen of United States or Mexico must be engaged in one of the following business activities:
research and design;
growth, manufacture and production;
marketing;
sales;
distribution;
after-sales service; and
general service.
Business Visitors
Requirements to qualify as a business visitor under CUSMA
must be a citizen of the U.S. or Mexico;
business activities must are international in scope;
must have no intent to enter the Canadian labour market. Can demonstrate that by showing that:
the primary source of remuneration remains outside Canada;
the principal place of business remains outside Canada; and
must comply with existing immigration/admissibility requirements for temporary entry.
Typical examples of business activities include, but are not limited to, consultation, negotiation, discussion, research, participation in educational, professional or business conventions or meetings and soliciting business.
Professionals are American or Mexican business persons who enter Canada to provide pre-arranged professional services. Professional under CUSMA can enter Canada as:
a salaried employee of a Canadian enterprise,
through a contract between the business person and a Canadian employer, or
through a contract between the American or Mexican employer of the business person and a Canadian enterprise.
There is an exhaustive list of 63 occupations covered by the CUSMA for Professionals. So, if an occupation does not appear on the list of eligible professions, then it is not a profession as defined under the Professionals category of the of CUSMA. However, when assessing the application the officers do not only look at the job title, but also refer to National Occupational Classification (NOC) codes to allow for alternative job titles in instances where the job duties are interchangeable.
Professionals
To qualify as a professional under CUSMA a person must:
be a citizen of the U.S. or Mexico;
have a profession identified in the list of 63 eligible professions;
have qualification to work in that profession (degree or certification in a related educational program);
have pre-arranged employment with a Canadian employer;
provide professional level services in the field of qualification
be compliant with existing immigration requirements for temporary entry.
| PROFESSION | MINIMUM EDUCATION REQUIREMENTS AND ALTERNATIVE CREDENTIALS |
|---|---|
| General | |
| 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 Post-Secondary Diploma, or Post-Secondary Certificate, and three years experience |
| Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent 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 Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
| Industrial Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Interior Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary 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) Footnote 5 | 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 Footnote 6 | Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to 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 Post Secondary-Diploma or Post-Secondary Certificate, and three years experience |
| Urban Planner (including Geographer) | Baccalaureate or Licenciatura Degree |
| Vocational Counsellor | Baccalaureate or Licenciatura Degree |
| Medical/Allied Professional | |
| 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 (Canada)/Medical Technologist (Mexico and the United States) Footnote 7 | 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 |
| Registered Nurse | State/provincial license; or Licenciatura Degree |
| Veterinarian | D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license |
| Scientist | |
| 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 Footnote 8 | 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 |
| Teacher | |
| College | Baccalaureate or Licenciatura Degree |
| Seminary | Baccalaureate or Licenciatura Degree |
| University | Baccalaureate or Licenciatura Degree |
Intra-company transferees are managerial or executive level employees in American or Mexican companies, or employees who have specialized knowledge, and are being transferred to the Canadian enterprise, parent, branch, subsidiary, or affiliate, to provide services in the same capacity.
Intra-Company Transferees
To qualify as an intra-company transferee under CUSMA a person must:
be a citizen of the U.S. or Mexico;
be seeking employment in an executive or managerial capacity or one involving “specialized knowledge”;
be transferring to an enterprise that has a qualifying relationship with the enterprise in which he or she is currently employed;
the enterprises in the U.S. or Mexico and in Canada must have have a parent, branch, subsidiary or affiliate relationship;
have a continuous employment, in a similar position outside Canada, for at least one year (full-time) in the previous three-year period from the date of initial application; and
be in compliance with existing immigration requirements for temporary entry.
Intra-company transferees can make a LMIA-exempt Work Permit application at the Point of Entry when crossing the border with Canada or at a visa office before departing for Canada.
An intra-company transferee must present the following documents when making an application:
proof of American or Mexican citizenship;
confirmation that the foreign national is currently employed by the enterprise outside of Canada;
confirmation that the person has been employed continuously outside of Canada by the enterprise for one year (full-time) within the three-year period immediately preceding the initial date of application (see tip);
a letter of introduction from the employer that specifies:
the applicant’s current position in an executive, or managerial capacity or one involving specialized knowledge, i.e., position, title, place in the organization, job description;
in the case of “specialized knowledge”, evidence that the person has such knowledge and that the position in Canada requires such knowledge;
the position in Canada, i.e., position, title, place in the organization, job description;
intended duration of stay; and
description of the relationship between the enterprise in Canada and the enterprise in the U.S. or Mexico.
Are you looking to bring over an employee from USA or Mexico as an intra-company transferee? Speak to one of our Canadian Immigration Lawyers to develop a solid and comprehensive immigration strategy
To have specialized knowledge an Intra-Company Transferee applicants must demonstrate, on a balance of probabilities, that they have a high degree of both proprietary knowledge and advanced expertise. Proprietary knowledge alone, or advanced expertise alone, does not qualify the applicant under this exemption.
Specialized knowledge
“Managerial capacity” refers to a position in which the employee primarily:
manages the organization, or a department, subdivision, function, or component of the organization;
supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
has the authority to hire and fire or recommend those, as well as other, personnel actions (such as promotion and leave authorization); if no other employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed; and
exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority.
Managerial Capacity
“Executive capacity” refers to a position in which the employee primarily:
directs the management of the organization or a major component or function of the organization;
establishes the goals and policies of the organization, component, or function;
exercises wide latitude in discretionary decision-making; and
receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Executive Capacity
How intra-company transferees can apply for LMIA-exempt Work Permit?
Traders and investors carry on substantial trade in goods or services between the U.S. or Mexico and Canada or have committed, or are in the process of committing, a substantial amount of capital in Canada. Traders and investors must be employed in a supervisory or executive capacity or one that involves essential skills.
Traders and investors are not subject to the LMIA process but require a work permit (R204, exemption codes T21 and T22, respectively) for which they must apply at a visa office before departing for Canada.
Traders and Investors
To qualify as a trader or investor under CUSMA:
applicant must have American or Mexican citizenship;
the employing enterprise must have American or Mexican nationality;
activities must involve substantial trade in goods or services;
trade shall be principally between either the U.S. or Mexico, and Canada;
position must be supervisory or executive, or involve essential skills; and
the applicant must comply with existing immigration requirements for temporary entry.