January 18, 2018
We updated this publication on May 18, 2023.
The Canada-United States-Mexico Agreement (CUSMA) allows qualified U.S. and Mexican citizens in certain “designated professions” to temporarily enter Canada for work under the “CUSMA professional work permit” without requiring the employer to obtain the federal government’s permission in the form of a Labour Market Impact Assessment (LMIA). Avoiding the LMIA process is a significant benefit for employers, saving them time, effort – and money. The financial savings can be significant: the federal government charges employers a non-refundable fee (currently $1,000) for each position it seeks to fill with a foreign national for which an LMIA is required; this is in addition to any legal fees an employer might incur for advice in the preparation or review of its LMIA application.
Here are the answers to five questions that Canadian employers seeking to recruit professional foreign nationals from the U.S. and Mexico frequently ask about the CUSMA professional work permit path to Canada.
1. What are the criteria to qualify for a CUSMA professional work permit?
An applicant must satisfy all of these criteria to qualify for a CUSMA professional work permit:
An immigration medical isn’t required for most professions before applying for a CUSMA professional work permit – but it is required for those that work in a medical setting, such as dentists and physicians. The purpose of the medical at the work permit stage is to protect public health in Canada.
2. What are the “designated professions” under CUSMA?
Generally, the professional work permit is intended for professionals with some level of advanced education. CUSMA (in Appendix 1603.D.1) currently lists 60 approved professions, including health-care professionals (such as physicians and dentists), scientists, teachers, engineers, accountants, lawyers and management consultants. CUSMA also sets out the minimum education requirements and alternative credentials for each designated professional category and, in some cases, the minimum number of years of required experience in their profession. For example:
3. How does an applicant for a CUSMA professional work permit apply at the “port of entry”?
Both U.S. and Mexican citizens can apply for work permits at a Canadian port of entry (POE): an airport or land crossing into Canada. In general, an individual applying for a work permit at a POE is expected to present all of these documents:
It’s also helpful for the applicant to offer additional proof they are qualified to work in Canada in their profession. So, it’s best if the applicant also brings copies of key correspondence with the relevant regulatory body and of any conditional approval for a professional license they’ve received.
4. Can a person who enters Canada on a CUSMA professional work permit be self-employed in Canada?
No: to be eligible for a CUSMA professional work permit, the applicant and must have pre-arranged employment in Canada – and can’t be self-employed. The policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff for purposes of CUSMA’s International Mobility Program specifically prohibits CUSMA professional work permit immigrants from “hanging out a shingle” in Canada, and requires the Canadian employer to be “separate” from the work permit applicant. Non-Canadians seeking to enter Canada on the basis of self-employment must apply under another category.
5. When can a CUSMA professional work permit holder apply for permanent residence in Canada?
Temporary entry lays the foundation for a permanent residence application: after working in Canada for one year, CUSMA professional work permit holders can apply for permanent residence status in Canada through the Federal Skilled Worker (FSW) Program or the Canadian Experience Class. Depending on the province in which the applicant seeks to reside, the applicable Provincial Nominee Program or the Atlantic Immigration Program, neither of which usually require one year of Canadian work experience to qualify, might also be a good option to pursue permanent residence status.
Please contact your McInnes Cooper lawyer or any member of our Business Immigration Law Team @ McInnes Cooper to discuss obtaining a CUSMA professional work permit.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
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