CUSMA Chapter 16 — professionals
Overview
Chapter 16 of the Canada-United States-Mexico Agreement (CUSMA) — also known as USMCA in the US and T-MEC in Mexico — provides for the temporary entry of four categories of business persons from the United States and Mexico into Canada: (1) business visitors; (2) traders and investors; (3) intra-company transferees; and (4) professionals. The professional category is the most widely used and covers US and Mexican nationals who hold qualifications in specific listed occupations, do not require an LMIA, and may enter Canada with a streamlined work permit process.
CUSMA Chapter 16 is the successor to NAFTA Chapter 16, which entered into force in 1994. The CUSMA agreement entered into force on 1 July 2020. The temporary entry provisions are substantially the same as under NAFTA for most practical immigration purposes.
Only US and Mexican nationals are covered. Citizens of other countries who hold permanent residence in the US or Mexico are not covered by CUSMA Chapter 16 (though they may benefit from Canadian work permit processes under other exemptions).
Legal basis
- CUSMA Chapter 16 — the treaty provisions governing temporary entry of business persons
- CUSMA Appendix 1603.D.1 — the list of professional occupations eligible under the CUSMA professional category
- IRPR s 204(a) — the domestic implementation of CUSMA Chapter 16 in Canadian immigration regulations
- IRPR s 187 — business visitors under CUSMA
How it works
Category 1 — Business visitors
Business visitors may engage in international business activities in Canada without a work permit, provided they do not enter the Canadian labour market. Permitted activities include attending meetings, conferences, consultations, and promotional activities. Business visitors must be employed outside Canada and cannot receive payment from a Canadian source.
Category 2 — Traders and investors
Traders engage in substantial trade in goods and services between the US/Mexico and Canada. Investors seek to establish, develop, or administer an enterprise in Canada. Both require a work permit but are LMIA-exempt. The "substantial trade" requirement is assessed on a case-by-case basis.
Category 3 — Intra-company transferees
Intra-company transferees being transferred from a US or Mexican office to a Canadian office in an executive, managerial, or specialized knowledge capacity may obtain LMIA-exempt work permits under CUSMA. See LMIA exemptions for details.
Category 4 — Professionals
The professional category is the most widely used CUSMA pathway. An eligible professional must:
- Be a US or Mexican national
- Work in an occupation listed in CUSMA Appendix 1603.D.1
- Hold the minimum credentials specified in the Appendix for their occupation
- Have a pre-arranged position with a Canadian employer
The Appendix lists approximately 60 occupations including (among others): accountants, architects, engineers, computer systems analysts, economists, lawyers, physicians (teaching or research only), physiotherapists, psychologists, scientists (in various disciplines), and university faculty.
Entry procedure for CUSMA professionals
US nationals (but not Mexican nationals) seeking entry under the CUSMA professional category may present at a Canadian port of entry (land border or airport) and request a work permit directly. Required documentation includes:
- Proof of US citizenship (US passport)
- A support letter from the Canadian employer describing the position
- Educational credentials confirming the required qualifications
Mexican nationals must apply for a work permit through a visa office (IRCC online or at a consulate) before travel, as they require a temporary resident visa.
Duration and renewal
CUSMA professional work permits are typically issued for 1 year (with the ability to renew or extend). There is no maximum number of renewals specified in CUSMA, though individual renewal applications must continue to meet the professional criteria.