The Canada-United States-Mexico Agreement (CUSMA) — formerly NAFTA, in force from 1 July 2020 — includes provisions in Chapter 16 (Temporary Entry for Business Persons) that allow citizens of the U.S. and Mexico to enter Canada as temporary workers in designated professional categories without an LMIA. The CUSMA professionals category is one of the most commonly used LMIA-exempt pathways for U.S. citizens working in Canada.

Unlike the LMIA-based Temporary Foreign Worker Program, the CUSMA professionals category is processed quickly — U.S. citizens may often obtain their work permit at the port of entry. Mexican citizens must apply for a work permit at a Canadian visa office before travelling.

The CUSMA professional exemption is implemented in Canadian domestic law through IRPR r 204(a), which exempts workers from the LMIA requirement where they enter pursuant to a provision of an international agreement. CUSMA Annex 16-A lists the designated professions and their minimum qualification requirements. The work must be pre-arranged — a job offer letter from a Canadian employer is required.

The CUSMA Chapter 16 professional category covers a defined list of occupations set out in Annex 16-A of the Agreement. Examples include:

• Accountant, computer systems analyst, economist, engineer, lawyer, librarian, management consultant, mathematician, range manager, research assistant, scientist, social worker, sylviculturist, technical publications writer, urban planner, vocation counsellor
• Medical/allied health professionals: dentist, dietician, medical laboratory technologist, nutritionist, occupational therapist, pharmacist, physician (teaching and/or research only), physiotherapist, psychologist, recreational therapist, registered nurse, veterinarian

Each occupation has a minimum educational or credential requirement specified in Annex 16-A. For example, engineers require a baccalaureate or licenciatura degree, or a state/provincial licence. The applicant must hold the required qualification and have a pre-arranged job with a Canadian employer in the specified profession.

For U.S. citizens: May apply at the port of entry (land border crossing or pre-clearance airport). The officer reviews the job offer letter and qualifications at the border and may issue the work permit immediately.

For Mexican citizens: Must apply for a work permit at a Canadian visa office outside Canada. Mexican citizens are not eligible for port-of-entry processing.

Work permits are typically granted for up to 3 years and are renewable, provided the applicant continues to meet the CUSMA professional requirements and holds a qualifying job offer.

The CUSMA professional category does not require the worker to have a Canadian professional licence — only that they hold the minimum qualification specified in Annex 16-A. However, many regulated professions in Canada (such as medicine, engineering, and law) require provincial licensure to actually practise. Holding a CUSMA work permit for a regulated profession does not waive provincial licensing requirements.

Management consultants under CUSMA are frequently scrutinised. The applicant must be acting in a genuine consulting capacity — advising on management issues — not as a regular employee performing operational work. Officers may question the nature of the engagement and the basis for the consulting arrangement.

CUSMA also provides for traders (Treaty Trader — TN category in U.S. terminology), investors, and intra-company transferees under Chapter 16. Each category has distinct requirements. The professionals category is the most widely used of the four CUSMA Chapter 16 categories.

For current fees, refer to the IRCC fee schedule. For current processing times, use the IRCC processing times tool.