CUSMA (Canada-United States-Mexico Agreement) Work Permit – A Detailed Guide

Thanks to CUSMA, U.S. citizens can easily move to Canada from the United States. Read our complete guide to learn about CUSMA visa eligibility, application requirements, processing times, and more.

What is CUSMA?

The CUSMA work permit is part of the Canada-United States-Mexico Agreement (CUSMA), which came into effect on July 1, 2020, replacing the North American Free Trade Agreement (NAFTA).

CUSMA is a trade agreement designed to promote economic cooperation and reduce barriers to trade between the three countries—Canada, the United States, and Mexico. CUSMA covers a range of industries, but for immigration purposes, it includes specific provisions for the mobility of skilled workers.

Under CUSMA, certain U.S. and Mexican citizens can apply for a work permit in Canada without requiring a Labour Market Impact Assessment (LMIA). This provision allows businesses to bring in skilled workers in specific professions to meet labor shortages and enhance the exchange of expertise across borders.

The CUSMA work permit program allows U.S. and Mexican professionals to live and work in Canada without difficulty.

NAFTA vs. CUSMA

Before CUSMA, the United States, Canada, and Mexico operated under the North American Free Trade Agreement (NAFTA), which also included provisions for temporary worker mobility between the countries. While CUSMA replaces NAFTA, many of the worker mobility provisions under NAFTA remain similar in CUSMA, but there are some important changes.

One key difference is that CUSMA introduced more clarity in the areas of digital trade and intellectual property, as well as improved rules for temporary entry of workers. CUSMA emphasizes more specific job categories for which U.S. and Mexican workers can obtain work permits in Canada, focusing on professionals, intra-company transferees, and traders.

While NAFTA offered a broad framework for skilled workers, CUSMA has streamlined the process by clarifying eligibility and expanding opportunities for those working in technology, science, engineering, and other specialized fields.

Who is Eligible for CUSMA?

To qualify for a CUSMA work permit, the applicant must be a citizen of either the United States or Mexico and meet specific criteria about their profession or job role.

Unlike other work permits, CUSMA work permits are typically available to professionals in over 60 different occupations including:

• Management Consultants
• Scientific Technicians and Technologists
• Engineers
• Computer Systems Analysts
• Architects
• Graphic Designers

However, CUSMA only applies to professionals whose work directly supports the trade relationship between the countries, meaning only workers in certain specialized occupations can be eligible for a CUSMA work permit.
In addition to the nationality and job category requirements, the applicant must also have a valid job offer from a Canadian employer that meets the CUSMA criteria.

Moving to Canada under CUSMA Work Permit

Moving to Canada under the CUSMA work permit is an attractive option for skilled professionals from the U.S. or Mexico.
Unlike other Canadian work permits, applicants typically don’t have to go through the Labor Market Impact Assessment (LMIA) process. This makes the application process easier and quicker for professionals to relocate to Canada.

Moreover, the CUSMA work permit allows workers to move to Canada temporarily, and they can apply for an extension or renewal based on the nature of their employment. Importantly, the CUSMA work permit is designed to help businesses in Canada fill specific talent gaps by allowing them to hire specialized workers from the U.S. or Mexico without additional regulatory hurdles.

Eligibility for CUSMA work permit in Canada

The eligibility for a CUSMA work permit in Canada is based on the following factors:

Citizenship

The worker must be a citizen of the U.S. or Mexico.

Occupation

The worker must be employed in one of the specific occupations eligible under CUSMA, such as professionals, intra-company transferees, and traders.

Job Offer

The worker must have a legitimate job offer from a Canadian employer in the designated occupation.

Temporary Nature of Work

The position must be a temporary one, and the worker is expected to leave Canada after completing their assignment unless they transition to permanent residency.

Education and Qualifications

The worker must meet the specific educational and professional qualifications for their occupation as outlined in the agreement.

Process for CUSMA work permit in Canada

The process for obtaining a CUSMA work permit is straightforward but requires some preparation. Here is an overview of the general steps involved:

Determine Eligibility

Ensure that the worker is eligible for the CUSMA work permit based on their job type and nationality.

Job Offer

The worker must secure a formal job offer from a Canadian employer that fits within the CUSMA framework.

Gather Documentation

Prepare the necessary documents, which may include proof of citizenship (passport), proof of education and experience (degrees, certifications, etc.), and a detailed job description from the employer.

Submit Application

Submit the application either online or at a Canadian consulate or visa office. In many cases, applicants may apply directly at a Canadian port of entry.

Work Permit Approval

If the application is approved, the worker will receive a CUSMA work permit.
The processing time for CUSMA work permits is typically faster than for other types of work permits because of the LMIA exemption, with processing taking as little as a few weeks in some cases.

Validity of CUSMA work permit in Canada

The validity of a CUSMA work permit in Canada can vary depending on the role and the individual circumstances of the worker. Generally, CUSMA work permits are issued for periods ranging from one to three years, depending on the type of position and employer’s needs.

For specialized workers, the permit may be valid for a shorter period, while those in senior or managerial positions may receive longer permits.

The permit’s duration is tied to the specific terms of the job offer and may be extended if the employer continues to require the worker’s expertise and the job remains consistent with the CUSMA work permit requirements.

Renewal of CUSMA work permit in Canada

Renewing a CUSMA work permit in Canada is possible if the worker continues to meet the eligibility requirements. If the employee’s role and status have not changed, and their employer still requires their services, they can apply for a renewal before their permit expires.

Renewal applicants must submit a new job offer letter and any other required documents to demonstrate their ongoing eligibility.

If there are no major changes to the conditions of the job or employer, the renewal process is usually quick and straightforward.

Working for a US Job with a CUSMA Work Permit

Many professionals wonder if they can use a CUSMA work permit to work for a U.S.-based employer while residing in Canada. The answer is no.

The CUSMA work permit allows the individual to work for a Canadian employer in a position that falls under the eligible CUSMA job categories.

If you wish to work for a U.S. company remotely while living in Canada, there are other options available such as the Global Talent Stream.

Role of Employer in CUSMA Canada Work Permit

The employer plays a key role in the CUSMA work permit process, as they must provide a valid job offer that aligns with CUSMA’s guidelines. The employer must also demonstrate that they are willing and able to employ the individual in the specified position. The employer does not need to apply for an LMIA for a CUSMA work permit but must ensure that the position falls within the eligible job categories and meets all CUSMA requirements.

Employer Portal for International Mobility Program (IMP)

Employers looking to hire foreign workers under the CUSMA work permit can use the Employer Portal within the International Mobility Program (IMP) to submit offers of employment. This portal allows employers to directly submit offers for work permits without needing to go through the LMIA process. It streamlines the process and provides real-time updates on the status of work permit applications.

The path from CUSMA Work Permit to Canada PR

A CUSMA work permit can serve as a stepping stone to Canadian permanent residency (PR). After gaining work experience in Canada, individuals can explore pathways to permanent residency, such as the Canadian Experience Class under the Express Entry system.

The time spent working in Canada under a CUSMA work permit counts towards the Canadian work experience required for PR applications.

FAQs about CUSMA

Is CUSMA an Employer Sponsored Work Visa?

Yes, the CUSMA work permit is essentially employer-sponsored, as the worker must have a valid job offer from a Canadian employer.

Can I work for a US remote job from Canada using CUSMA?

No, the CUSMA work permit only applies to jobs in Canada. Working remotely for a U.S. employer requires a different type of visa.

Are software jobs eligible for a CUSMA work permit?

Yes, certain software-related roles, such as systems analysts and computer programmers, may qualify for a CUSMA work permit, as long as they meet the specific professional requirements.

Will the spouse of the CUSMA work permit holder get a Work Permit too?

Yes, the spouse of a CUSMA work permit holder may be eligible for an open work permit in Canada.

Start your CUSMA work permit application today
Immigrating can be a complicated and confusing process but Syndesus can help. Our team of immigration experts can help you navigate CUSMA and Canadian immigration law so you can build your dream life. Reach out to us today for more information.