American citizens can still benefit from special Canadian work permits, despite the ongoing trade war.
While political and economic disputes have raised questions about the future of North American trade, US citizens can still get Canadian work permits under the United States-Mexico-Canada Agreement (USMCA), the successor to the North American Free Trade Agreement (NAFTA).
Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm
The USMCA, referred to in Canada as the Canada-United States-Mexico Agreement (CUSMA), remains in effect, allowing eligible professionals, intra-company transferees, and investors from the US to work temporarily in Canada.
CUSMA work permits benefit from being exempt from Labour Market Impact Assessments (LMIAs), making them quicker and easier to obtain than LMIA-based work permits under Canada’s Temporary Foreign Worker Program.
This article will cover
- Which Americans may be eligible for CUSMA work permits;
- How to apply for a CUSMA work permit; and
- How spouses of CUSMA work permit holders can obtain their own work permits.
Who is eligible to apply for a CUSMA work permit?
US citizens may be eligible for CUSMA work permits if they meet specific requirements under one of the types of work permits.
If you are a citizen of the United States and wish to work in Canada, consider whether you’re eligible for one of the following work permits under CUSMA:
We review the requirements of each in more detail below.
Professionals: You must have pre-arranged employment or a contract in one of the 63 CUSMA-eligible professions, in addition to having the appropriate education and licensing or certification (which will be listed at the end of this article).
Intra-company transferees: Executives, senior or functional managers, or specialized knowledge workers employed by a US company who are being sent to Canada to do business for a parent, subsidiary, branch, or affiliate company in Canada.
To qualify for the intra-company transferee category, workers must have been employed by their company for at least one year in the last three-year period prior to applying.
Investors: Supervisors, executives, or individuals with essential skills who have made substantial investments in a new or existing business and want to enter Canada in order to help develop, direct, or advise the Canadian business.
Employees of the primary investor may be granted work permits if they are considered to be essential staff members.
For a high-level summary of each CUSMA work permit, see the following table:
| CUSMA category | Who is eligible? | Employer requirements | Validity of work permit | Extendable? |
|---|---|---|---|---|
| Professionals | Professionals in one of the 63 eligible occupations. | Must be a Canadian employer. | Up to three years. | Yes, up to three years at a time. |
| Intra-company transferees | Senior managers or workers with specialized knowledge. | Must be a multi-national corporation. | Managers and executives: Up to five years.
Specialized knowledge workers: up to three years. |
Yes, up to two years. |
| Investors | The primary investor and key personnel. | Investor must have made or be making a substantial investment into a Canadian business. | One year. | Yes, up to two years. |
There are additional requirements beyond the key criteria mentioned in the above table.
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Requirements applicable to all categories
All foreign nationals, including US citizens and CUSMA work permit holders, must meet Canada’s entry requirements for temporary residents, including
- Having sufficient funds to support yourself (and your family members) while in Canada, as well as to return home;
- Satisfying an officer that you will leave Canada at the end of your authorized stay;
- Not intending to work or study unless explicitly authorized to do so (for example, you cannot work for an employer that differs from the one on your offer of employment);
- Providing additional documentation to establish your admissibility if an immigration officer requests you do so;
- Not posing a risk to the national security of Canada; and
- Being admissible to Canada—that is, not being medically or criminally inadmissible.
Admissibility
Having a criminal record from a foreign country may prevent you from being admissible to Canada. You can be found inadmissible due to having been convicted of or arrested for an offence, having been charged with an offence, or even simply having committed an offence.
Your admissibility will be determined based on the specific offence(s) involved. Factors such as the total number of offences on your record, offence severity, how much time has passed since the completion of your sentence will be taken into account.
Additionally, the offence must have been considered a crime in the location it occurred and must correspond to a similar offence under Canadian law.
If you are inadmissible to Canada, you may be able to overcome your inadmissibility and obtain a CUSMA work permit—depending on the reason you have been categorized as such—by:
- Applying for a Temporary Resident Permit (TRP);
- Applying for criminal rehabilitation; or
- Qualifying for deemed rehabilitation.
Consulting an experienced immigration lawyer can prove beneficial to ascertain whether your criminal record impacts your admissibility, as well as understanding the best route to overcoming your inadmissibility.
Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm
What documents will you need to apply for a CUSMA work permit?
The documentation you are expected to provide in order to successfully obtain a CUSMA work permit will differ depending on which CUSMA category you are applying to be considered under.
Below you can find the documentary evidence you will be expected to provide officers for each respective category.
If you are unable to provide the required documentation, you may be deemed ineligible for a CUSMA work permit and will not be permitted entry into Canada for temporary work purposes.
Professionals
- Proof of your US citizenship;
- Evidence demonstrating you meet the minimum education requirements and alternative credentials (if applicable) for your occupation.
- Copies of degrees, diplomas, professional licenses, accreditation, or registration.
- Proof that you meet the eligibility criteria for the position, which may include (but is not limited to) the following;
- Reference letters;
- A letter of support from the company;
- Detailed descriptions outlining the work to be performed within Canada;
- A list of publications and awards (if applicable);
- The various degrees and certifications you have obtained while working in your field; and
- Job descriptions detailing the level of training you’ve obtained.
- Your offer of employment which your employer submitted through the Employer Portal, highlighting the following.
- Confirmation of the pre-arranged employment;
- The employer located in Canada.
- The profession in question warranting your entry;
- Information pertaining to the position, including title, duties, duration of employment, and payment arrangements); and
- The educational credentials and/or alternative credentials required for the position in question.
Intra-company transferees
- Proof of your US citizenship.
- Evidence you are currently employed by a US enterprise with a qualifying business relationship to the Canadian enterprise you are seeking employment with.
- Proof that you have been continuously employed with the US enterprise for at least one year within the last three years.
- A detailed letter from the employer outlining the following;
- Your current executive, managerial, or specialized knowledge* role—including your title, job description, and organizational role;
- Details about the position in Canada, including the position, title, job description, and organizational role; and
- A description of the business relationship between the US enterprise and the enterprise in Canada.
- Evidence showcasing the company “is or will be doing business” in both Canada and the US;
- Your offer of employment submitted by your employer through the Employer Portal, which details the following.
- Confirmation of pre-arranged employment;
- The employer located within Canada;
- Information pertaining to the position, including title, duties, duration of employment, and payment arrangements); and
- The educational credentials and/or alternative credentials required for the position in question.
*If you are a worker with specialized knowledge, the letter must include proof that you possess such expertise and that the position in Canada requires this knowledge.
Investors
- Proof of your US citizenship.
- Documentation proving the enterprise established within Canada is of US nationality.*
- Proof that you’ve made a substantial investment in the enterprise located within Canada, and that the investment represents a genuine and active commercial or entrepreneurial undertaking (producing a service or commodity for money).**
- Proof that any money you’ve invested was acquired through legitimate means.
- A detailed letter outlining the following:
- The title, organizational role, job description, and position in Canada, which species whether you’re applying to work in an executive, supervisory, or essential skill worker capacity***;
- How long you intend to stay; and
- A description of the financial arrangement that has or is to occur for investment purposes.
- Your offer of employment which your employer has submitted through the Employer Portal, outlining the following:
- Confirmation of pre-arranged employment;
- The employer located within Canada;
- The profession you seek entry for; and
- Details pertaining to the position, including title, duties, employment duration, and payment arrangements.
- A complete CUSMA trader/investor application (IMM 5321).
*For the entity established within Canada to be considered being of American nationality, one to two parties with US citizenship must own at least 50% or more interest in it either directly or by stock.
**A plan for future investment, expansion, or business development may qualify.
*** If you are an employee with essential skills, evidence that you indeed have those skills and that the business within Canada requires them is expected.
Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm
Where can I apply for a CUSMA work permit?
US citizens are visa-exempt, and can apply for work permits at the port of entry.
As an American, you can apply for a CUSMA work permit either:
- At a visa office;
- At a port of entry (border crossing or airport); or
- Online.
You may also apply on paper if you require accommodation or there is an issue with your online application.
How do you apply for a CUSMA work permit?
There are two phases of applying for a CUSMA work permit.
The first is the responsibility of the employer; the second is the responsibility of the work permit applicant.
Employer steps
- Submit the job offer using the Employer Portal.
- Pay the employer compliance fee (230 CAD) required for the hiring of a worker through the International Mobility Program.
- Give you an offer of employment number.
Once your employer has done these three things, you may apply to Immigration, Refugees and Citizenship Canada (IRCC) for a work permit.
Employee Steps
Typically, foreign nationals must apply for a work permit from outside Canada.
Certain individuals such as those eligible for a CUSMA work permit, however, are permitted to apply from within Canada.
The exact steps you will take will differ depending on your method of application (visa office, online, paper, or port of entry), but generally you should
- Confirm your eligibility;
- Read the instruction guide;
- Complete the appropriate forms;
- Provide the documents listed on the document checklist as well as any additional documentation required for your CUSMA category;
- Pay the work permit processing fee ($155); and
- Submit the application for processing.
You may also be asked to provide biometrics; if so, you can expect to pay an $85 processing fee.
As of the time of writing, the processing time for US citizens applying for work permits from outside Canada is three weeks.
The processing time for those applying from within Canada is 233 days.
Processing times are only estimates based on current application inventories, and are not guaranteed.
Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm
How to ensure your occupation is eligible
To ensure that you qualify for a CUSMA work permit, it’s important that you identify the correct code for your occupation under the National Occupation Classification (NOC), Canada’s national system for identifying and classifying occupations.
The Professionals category lists 63 eligible occupations, but does not explicitly reference specific NOC codes each occupation must fall under.
To determine whether your occupation qualifies, look at the job description/duties to see if it aligns with a NOC code that could fall the broader occupation listed—and also that it broadly qualifies for the relevant CUSMA Professionals occupation.
Looking at the job description/duties is key, as NOC codes can vary for some occupations, with some being more rigid than others.
Certain occupation titles, such as “Management consultant” or “Engineer” may match several NOC codes, while others such as “Physiotherapist” are generally associated with just one NOC code.
Intra-company transferees must also ensure their occupation matches the job description/duties of a qualifying NOC code.
Investors: You should find a NOC code that aligns with your duties as an investor, making sure that the occupational duties listed only refer to developing and directing rather than active investing or conducting of business.
Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm
Can my spouse apply for an Open Work Permit?
Your spouse or common-law partner may be eligible for an Open Work Permit (OWP) if both you (as the CUSMA permit holder) and your spouse meet certain eligibility criteria.
Below are the eligibility requirements for each party.
CUMA permit holder requirements
- You have a valid work permit or an approval for a work permit that has yet to be issued;
- Your work permit must be valid for a minimum of six months after IRCC receives your spouse’s OWP application;
- You are currently employed or will be employed in a high-skilled occupation (NOC TEER 0,1,2, or 3) at the time your spouse submits their OWP application; and
- You are living in Canada while working, or plan to.
Spousal requirements
- They meet the general eligibility requirements for a work permit;
- They are in a genuine relationship with you, the CUSMA permit holder;
- If they are present within Canada, they must be in one of the following three situations.
- They hold valid temporary resident status;
- They are in Canada on maintained status; or
- They are eligible to have their status restored as a visitor, worker, or student.
If you and/or your spouse do not meet these requirements, your spouse will not be eligible for an OWP and will have to seek other work permit avenues.
Temporary foreign worker to permanent resident
It’s important to understand that CUSMA work permit provides authorization to enter and work in Canada temporarily under a free trade agreement. It does not directly lead to or offer a pathway toward permanent residency.
However, while working in Canada under CUSMA, you’re gaining valuable Canadian work experience—and that can be a major asset if you’re considering applying for permanent residence in the future.
The work experience you gain while on the permit may help you qualify for Express Entry programs such as the Canadian Experience Class (CEC) and Federal Skilled Worker Program (FSWP), both of which require at least one year of Canadian work experience.
Under Express Entry, a high Comprehensive Ranking System (CRS) score can increase your chances of receiving an Invitation to Apply (ITA) for permanent residence. With Canadian work experience, you can gain points towards your CRS score in scoring categories, including:
- Core/human capital; and
- Up to 80 points for having five or more years of Canadian work experience.
- Skill Transferability.
- Up to 50 points for your education and having two years of Canadian work experience;
- Up to 50 points for having three years of foreign work experience and two or more years of Canadian work experience.
You can be awarded up to 180 points towards your CRS score by having Canadian work experience.
Note: You cannot count work experienced gained on a CUSMA investor permit towards your CRS score.
Further, your work experience can also benefit you under certain Provincial Nominee Programs (PNPs). Many provinces prioritize applicants with recent Canadian work experience and have specific streams for temporary foreign workers already employed in the province.
PNPs often have enhanced streams, meaning they are linked to and pull from the Express Entry pool of candidates. If you receive a provincial nomination through one of these streams, you’ll gain an additional 600 points toward your CRS score, virtually guaranteeing you an ITA in an upcoming Express Entry draw.
Benefits of using an experienced immigration lawyer
Applying for a CUSMA work permit can be a complex process, and while it’s possible to do it without legal assistance, working with an experienced immigration representative can make a significant difference.
Applying for a CUSMA work permit can be a complex process.
It is possible for you and your employer to handle the application process yourselves, but many employers will prefer to engage an experienced representative to
- Reduce the risk of refusal;
- Speed up the application process; and
- Reduce the effort required on the part of the employer.
A representative can help with things such as
- Ensuring that the job offer aligns with CUSMA requirements;
- Determining whether a worker qualifies for one of the CUSMA categories;
- Ensuring that the application presents the worker’s necessary qualifications and credentials;
- Finding the NOC that aligns best with the job duties/job description;
- Ensuring compliance with immigration laws and regulations;
- Gathering the correct primary and supporting documentation;
- Determining the best application method;
- Checking for, and if necessary, working to overcome any potential admissibility issues;
- Avoiding potentially costly mistakes, such as submitting an application destined to fail; and
- Preparing the work permit applicant for potential questions they may be asked by immigration and border officers.
A well put together application package will reduce the risk of delays in your application and will maximize the chances of success.
Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm
Educational requirements for Professionals
You must meet the educational requirements and/or alternative credentials corresponding with the occupation in order to qualify under it and be considered for the Professionals category.
Find what is required for each occupation in the table below:
| Profession | Minimum educational requirements and alternative credentials |
|---|---|
| Accountant | Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. |
| Agriculturalist | Baccalaureate or Licenciatura Degree. |
| Animal Breeder | Baccalaureate or Licenciatura Degree. |
| Animal Scientist | Baccalaureate or Licenciatura Degree. |
| Apiculturist | Baccalaureate or Licenciatura Degree. |
| Architect | Baccalaureate or Licenciatura Degree; or state/provincial licence. |
| Astronomer | Baccalaureate or Licenciatura Degree. |
| Biochemist | Baccalaureate or Licenciatura Degree. |
| Biologist | Baccalaureate or Licenciatura Degree. |
| Chemist | Baccalaureate or Licenciatura Degree. |
| Computer Systems Analyst | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years’ experience. |
| Dairy Scientist | Baccalaureate or Licenciatura Degree. |
| Dentist | D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license. |
| Dietician | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years of experience. |
| Disaster Relief Insurance 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 of experience in claims adjustment and completion of training in the appropriate areas of insurance adjustment relevant to disaster relief claims. |
| Economist | Baccalaureate or Licenciatura Degree. |
| Engineer | Baccalaureate or Licenciatura Degree; or state/provincial licence. |
| Entomologist | Baccalaureate or Licenciatura Degree. |
| Epidemiologist | Baccalaureate or Licenciatura Degree. |
| Forester | Baccalaureate or Licenciatura Degree; or state/provincial licence. |
| Geneticist | Baccalaureate or Licenciatura Degree. |
| Geochemist | Baccalaureate or Licenciatura Degree. |
| Geologist | Baccalaureate or Licenciatura Degree. |
| Geophysicist | Baccalaureate or Licenciatura Degree. |
| Graphic Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years’ experience. |
| Horticulturalist | Baccalaureate or Licenciatura Degree. |
| 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 of experience in hotel/restaurant management. |
| Industrial Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years of experience. |
| Interior Designer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years of experience. |
| Land Surveyor | Baccalaureate or Licenciatura Degree; or state/provincial/ federal licence. |
| Landscape Architect | Baccalaureate or Licenciatura Degree. |
| Lawyer (including Notary in 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).
A librarian must have either: 1. a Master of Library Science degree; or 2. a Bachelor of Library Science and another baccalaureate degree which was necessary to enter the B.L.S. program. |
| Management Consultant | Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years of experience as a management consultant, or five years of experience in a field of specialty related to the consulting agreement. |
| Mathematician | Baccalaureate or Licenciatura Degree.
An actuary must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society operating the territory of at least one of the Parties. |
| Medical Laboratory Technologist | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience. |
| Meteorologist | Baccalaureate or Licenciatura Degree. |
| Nutritionist | Baccalaureate or Licenciatura Degree. |
| Occupational Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license. |
| Pharmacist | Baccalaureate or Licenciatura Degree; or state/provincial license. |
| Pharmacologist | Baccalaureate or Licenciatura Degree. |
| Physician | M.D. or Doctor en Medicina; or state/provincial license. |
| Physicist | Baccalaureate or Licenciatura Degree. |
| Physiotherapist/Physical Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license. |
| Plant Breeder | Baccalaureate or Licenciatura Degree. |
| Poultry Scientist | Baccalaureate or Licenciatura Degree. |
| Psychologist | State/provincial license; or Licenciatura Degree. |
| Range Manager/Range Conservationalist | Baccalaureate or Licenciatura Degree. |
| Recreational Therapist | Baccalaureate or Licenciatura Degree. |
| Registered Nurse | State/provincial license; or Licenciatura Degree. |
| Research Assistant | Baccalaureate or Licenciatura Degree. |
| Scientific Technician/Technologist | 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. |
| Soil Scientist | Baccalaureate or Licenciatura Degree. |
| Sylviculturalist | Baccalaureate or Licenciatura Degree. |
| Teachers (College, Seminary, and University) | Baccalaureate or Licenciatura Degree. |
| Technical Publications Writer | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years of experience. |
| Urban Planner | Baccalaureate or Licenciatura Degree. |
| Veterinarian | D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license. |
| Vocational Counsellor | Baccalaureate or Licenciatura Degree. |
| Zoologist | Baccalaureate or Licenciatura Degree. |
Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm
