What does CUSMA do?

1. CUSMA allows temporary entry for business individuals from the United States, Mexico and Canada who take part in the trade of goods/services or investments.

2. Under CUSMA, all business persons do not need an LMIA (Labour Market Impact Assessment).

1. Work Permit is not required for business visitors
2. It advances the application process of TRV exempt professionals by ensuring that their application can be processed at the port of entry (POE). However, foreign nationals who need a temporary resident visa still need to apply at a visa office before arriving in Canada.

Who is covered by CUSMA?

The citizens of Mexico, Canada, and the United States are covered by CUSMA. It also covers those from the districts of Columbia and Puerto Rico in the US.

However, CUSMA does not apply to:

• The citizens of Guam, the Northern Mariana Islands, American Samoa and the Virgin Islands, and
• Permanent Residents of all 3 countries.

Classifications of business individuals under the CUSMA

There are mainly four categories of business persons included under the CUSMA and these are:

1. Business visitors,
2. Professionals,
3. Intra-company transferees,
4. Traders and investors.

1. Business visitors involved in international business activities associated with research and design; growth, manufacturing and production; marketing; sales; distribution; after-sales service; and general service. T

Business visitors are authorized to enter Canada for business purposes under R186(a) and can carry out their activities without the need for a work permit.

2. Professionals are the business persons who provide pre-arranged professional services - either as a salaried worker of a Canadian enterprise, through a contract between the business person and a Canadian employer, or a contract between the American or Mexican employer of the business person and a Canadian enterprise.
3. The intra-company transfereesare the business persons hired by an American or Mexican company at a managerial or executive roll, or other positions that involve specialized knowledge. They are also transferred to the Canadian enterprise, parent, branch, subsidiary, or affiliate to provide services in the same capacity. The intra-company transferees are cleared from the LMIA but need a work permit.

1. Traders and investors involved in trades of goods or services among between the United States, Mexico, and Canada. Investors and Traders should be employed in an executive roll or in a roll that requires essential skill.