The Canada-United States-Mexico Agreement (“CUSMA”), which replaced NAFTA in July 2020, facilitates work permits for certain business professionals from the U.S. and Mexico entering Canada. CUSMA removes any need for a Labour Market Impact Assessment (“LMIA”) and expedites the application process by ensuring that an application can be made at the Port of Entry (POE). The temporary entry provisions of Chapter 16 of the CUSMA are restricted to the citizens of the U.S., including citizens of the District of Columbia and Puerto Rico, and Mexico and Canada.
The categories of business persons include as below:
1. Business visitors engage in international business activities related to research and design; growth, manufacture and production; marketing; sales; distribution; after-sales service; and general service. These activities reflect the components of a business cycle (see Appendix 1, Section B of CUSMA).
2. Professionals are business persons who enter to provide pre-arranged professional services— either 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. Appendix 2 of CUSMA lists 63 occupations covered by the Agreement.
3. Intra-company transferees are employed by an American or Mexican enterprise in a managerial or executive capacity, or in one which involves specialized knowledge, and are being transferred to the Canadian enterprise, parent, branch, subsidiary, or affiliate, to provide services in the same capacity.
4. 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.
In assessing applications by citizens of the U.S. or Mexico, all admissibility considerations under the IRPA and eligibility under the CUSMA for temporary entry should be considered. An American or Mexican citizen who is not eligible for entry under the CUSMA may qualify under the general provisions governing temporary workers.
At NPZ Law Group, our U.S. and Canadian lawyers seek to assist clients with regard to employment and family immigration issues. If you or your friends or family should have any questions about any aspect of U.S. and Canadian Immigration Law, please feel free to contact us at info@visaserve.com or you can call our office at 551-291-1107 (ext. 104). We look forward to being able to assist you.