CUSMA – Work Permit under the Canada–United States–Mexico Agreement

CUSMA – LMIA-exempt Canadian work permits for citizens of the United States and Mexico

CUSMA (Canada–United States–Mexico Agreement) is a trade agreement that came into effect on July 1, 2020. Its chapter on the temporary entry of business persons facilitates the entry of certain U.S. and Mexican citizens to work in Canada under the International Mobility Program (IMP), without the need for an LMIA, provided they meet the specific requirements of each category. Eligible citizenship does not automatically guarantee the issuance of a Work Permit.

1. CUSMA categories and LMIA-exemption codes

Code	Category	Assessment Focus
T34	Traders	Substantial trade, primarily between Canada and the U.S./Mexico; executive, supervisory, or essential skill role
T35	Investors	Substantial investment made or actively in progress; applicant to develop, direct, or hold an essential position as specified
T36	Professionals	Profession on the CUSMA list; pre-arranged professional job meeting education/licensing requirements
T37	Intra-company transferees – Executive/Manager	Transfer between qualifying related enterprises in member countries; appropriate position and experience
T38	Intra-company transferees – Specialized knowledge	Cross-border corporate relationship, required work experience and specialized knowledge

2. T34 – Traders

Applicants must be citizens of the U.S. or Mexico; the employing business must meet corresponding nationality criteria. Activities must involve substantial and existing trade in goods or services, with over 50% of the enterprise's total international trade volume occurring between Canada and the U.S. or Mexico. The applicant must primarily perform executive or supervisory duties or possess essential skills, rather than acting as general labor.

Example: A Mexican business regularly selling materials, components, or technical services to Canadian clients, supported by contracts, invoices, and actual transactions. A construction company solely taking on domestic projects within Canada would not demonstrate sufficient international trade for T34 eligibility.

The application generally includes: passport, evidence of ownership structure/nationality, cross-border trade contracts, invoices and payment records, documents describing the role, IMM 5321, and employment offer information as required by the IMP. The initial T34 WP duration is up to one year; extensions may be considered if eligibility persists.

3. T35 – Investors

For those making a substantial investment in a Canadian enterprise, where the applicant plays a role in developing and directing the investment or holds an essential position as defined. Applications must demonstrate truly committed capital, commercial risk, an operational business base, and the applicant's role. There is no fixed CAD investment amount that applies to all T35 files; value is assessed in the context of the size and type of the business.

Evidence may include capital sources, fund transfer statements, equipment/lease contracts, corporate formation and ownership documents, operating plans, financial projections, personnel, and proof of investment implementation. Merely registering a company, purchasing a residential property, or declaring an intent to invest does not automatically qualify.

4. T36 – Professionals

Applicants must work in a profession on the CUSMA list, have a pre-arranged professional job, and demonstrate that they meet the relevant educational standards, professional licenses, or certificates. Not every high-TEER occupation is on the CUSMA list; work experience does not automatically substitute for the specific degree or license requirements prescribed for each profession.

Examples of professional groups that may be considered include engineers, accountants, scientists, and certain technology specialists. It is necessary to match job titles, actual duties, and specific professional standards, not just the title on the job offer.

5. T37 and T38 – Intra-company transferees (ICT)

Applies to the transfer of personnel between a foreign enterprise and a Canadian enterprise with a qualifying legal relationship (such as a parent, subsidiary, or branch), while also meeting conditions regarding business activity, pre-transfer work experience, and the role being transferred. T37 is for executives/managers; T38 is for personnel with specialized knowledge.

Key Point: A business operating solely in Ontario without a substantive related entity in Mexico or the U.S. does not automatically qualify for the ICT category. Paper-based establishment of a foreign company does not substitute for evidence of actual operations and a legitimate corporate relationship.

6. Business visitors – When is a Work Permit not required?

Certain short-term commercial activities such as attending meetings, negotiating contracts, or exploring opportunities may be considered under business visitor regulations. However, direct labor, providing services to the Canadian labor market, or managing day-to-day operations may constitute work requiring a permit. Assessment must be based on actual activities.

7. KeyApply Application Assessment Process

1. Immigration status check: Passport, visa/eTA, current permits, application history, IRCC decisions, and eligibility to apply from within Canada, if applicable.
2. CUSMA Classification: Matching nationality, occupation, corporate relationship, trade, or investment with the legal requirements of each code.
3. Business due diligence: Contracts, invoices, taxes, payroll, employees, investment capital, evidence of operations, and financial sources.
4. File preparation: Lawyers or RCICs manage eligibility assessment, filing strategy, IMP documentation, and business obligations.
5. Submission and monitoring: Once eligibility is confirmed, we guide you through fees, supplemental documentation, and tracking IRCC results.

8. Frequently Asked Questions about CUSMA

Click on each question to view the answer.

9. Request a file assessment

Select Request a file assessment – 0 CAD for KeyApply to review your initial information. Service fees for KeyApply, the lawyer/RCIC, and government fees (if any) will be confirmed separately. You can call, email, or message us via KeyApply.com.

Official Sources

IRCC – Business people under free trade agreements
IRCC – CUSMA Traders T34
IRCC – Applying for a work permit from inside Canada

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