Everything About CUSMA Work Permit (NAFTA 2.0)

CUSMA, also known as USMCA or NAFTA 2.0, offers opportunities for United States and Mexico citizens to work in Canada. It allows eligible individuals to enter and work in Canada without the need for a Labour Market Impact Assessment (LMIA).

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The CUSMA (Canada-United States-Mexico Agreement) work permit is a specialized immigration program designed to facilitate temporary employment for eligible professionals across North America.

Evolution from NAFTA: CUSMA is essentially a renegotiated and updated version of NAFTA. It came into effect on July 1, 2020, replacing the original NAFTA agreement. Like its predecessor, CUSMA aims to facilitate trade and labuor mobility between the three North American countries.

In the United States, the agreement is officially called USMCA (United States-Mexico-Canada Agreement), while in Mexico, it’s T-MEC (Tratado entre México, Estados Unidos y Canadá). However, “NAFTA 2.0” is understood across all three countries.

Eligibility for a CUSMA Work Permit (NAFTA 2.0)

To qualify for a CUSMA work permit, you must meet the following criteria:

Citizenship

Nationality: You must be a citizen of the United States or Mexico.
Proof: You will need to provide valid proof of citizenship, such as a passport.

Occupation

Professional List: Your occupation must be listed on the CUSMA Work Permit Occupation List, which covers a wide range of skilled professions.
Qualifications: You must possess the necessary qualifications and experience for the specific profession. This often includes academic degrees or certifications.
Job Offer: A Canadian employer must offer you a job related to your profession. The job offer should detail your role, salary, and employment duration.

Documentation

Qualifications: You must provide proof of your educational qualifications, such as degrees or diplomas, relevant to your profession.
Licenses: If your profession requires specific licenses or certifications, you must present the necessary documentation.

Remember: Meeting these eligibility requirements is essential for a successful CUSMA work permit application.

4 Categories Under the CUSMA Work Permit (New NAFTA 2.0)

Let’s break down the different types of work permits available under CUSMA:

1. Business Visitors

Who are they? People who come to Canada to do business-related activities like attend meetings, negotiate deals, or inspect facilities but aren’t looking for a job there.
What can they do? Research, marketing, sales, distribution, after-sales service, and general business services.
How long can they stay? Up to six months without needing a work permit.
Key point: No work permit is required, but activities must be strictly business-related.

2. Skilled Professionals

Who are they? Highly skilled individuals with a pre-arranged job offer in Canada.
Requirements:
- Citizenship: U.S. or Mexico
- Job Offer: In a CUSMA-eligible occupation
- Qualifications: Relevant education, licensing, and certification
- Skilled Occupation: One of the 63 designated professions
Documentation: May require transcripts, licenses, and letters of experience.
Work Permit: Required, valid for up to three years, extendable.

3. Intra-Company Transferees

Who are they? Employees of a company in the U.S. or Mexico who are transferred to a related company in Canada. They usually have managerial or specialized roles.
Requirements:
- Multinational Company: The company must have a Canadian presence.
- Employment Duration: Employed for at least one year in the past three years.
- Position: Managerial, executive, or specialized knowledge worker.
Work Permit: Required, valid for three to five years, extendable.

4. Traders and Investors

Who are they? People involved in significant business dealings between Canada and their home country. This could be buying and selling goods or investing in Canadian businesses.
Requirements:
- Substantial Trade or Investment
- Supervisory or Executive Role
- Essential Skills
Work Permit: Required, valid for up to three years.

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Applying for a CUSMA Work Permit (NAFTA 2.0)

Obtaining a CUSMA work permit involves a collaborative effort between the Canadian employer and the foreign worker. Here’s a general overview of the steps involved:

Employer’s Role

Job Offer and Compliance: The Canadian employer must submit a detailed job offer through the government’s online portal. This includes outlining the job’s specifics and paying a compliance fee.

Worker’s Role

Application Submission: Once the employer completes their part, the foreign worker can apply for a work permit. This typically involves completing necessary forms, providing supporting documents like proof of citizenship and educational qualifications, and paying applicable fees.
Document Preparation: Required documents may vary depending on the specific work permit category (Business Visitor, Professional, Intra-Company Transferee, or Trader/Investor).
Online or In-Person Application: The application can be submitted online or at a Canadian visa office, depending on the applicant’s location and circumstances.

Processing Time and Compliance

Processing Time: The time it takes to process a work permit application can vary. It’s essential to check the government website for the most current processing times.

Adhering to Regulations: Although CUSMA work permits are LMIA-exempt, both the employer and the worker must follow Canadian labour laws and regulations. The government may conduct inspections to ensure compliance.

Need Guidance from Our Licensed Consultants?

Are you looking to work in Canada under the CUSMA (NAFTA 2.o)? Our experienced immigration professionals can help guide you through the process. We offer:

Customized CUSMA Assessment: We’ll analyze your qualifications and determine the best CUSMA category for you (Business Visitor, Professional, Intra-Company Transferee, or Trader/Investor).
Comprehensive Support: Assistance with document preparation, application submission, and staying updated on your application status.
Expert Advice: Guidance on settling in Canada, job search, credential recognition, and cultural adaptation.

Let’s work together to make your Canadian visa application a success! Contact us today for a consultation and take the first step towards your new life in Canada!