Work Permits · Free Trade Agreements
CUSMA Work Permits
The Canada–United States–Mexico Agreement lets qualifying U.S. and Mexican citizens work in Canada without a labour market test, as professionals, intra-company transferees, traders or investors under IRPR 204(a). The categories are precise, and near-misses get refused.
T36
Professionals: 63 listed occupations
No
LMIA required under CUSMA
US · MX
Citizens only, permanent residents excluded
POE
Port-of-entry filing possible for eligible applicants
The framework
How CUSMA work permits operate
Chapter 16 of the CUSMA facilitates temporary entry for business persons who are citizens of the United States or Mexico. Work permit applications are assessed under paragraph R204(a) of the immigration regulations, LMIA-exempt, under the International Mobility Program.
The scope is strict: citizens only (including D.C. and Puerto Rico), permanent residents of the U.S. or Mexico do not qualify. CUSMA does not waive licensing requirements for regulated professions, and it is built for temporary entry: IRCC’s guidance is explicit that it cannot be used to establish de facto permanent residence.
These are employer-specific permits: the Canadian employer files an offer of employment through the Employer Portal and pays the compliance fee before you apply. Compare the CPTPP, other free trade agreement permits or LMIA-exempt categories.
The categories
Four doors into Canada
Each category has its own documentary test. Choosing the wrong one, or forcing a weak fit, creates a refusal on your record.
Most used
Professionals: T36
Pre-arranged professional services in one of the 63 occupations listed in CUSMA Appendix 2, engineers, accountants, computer systems analysts, lawyers, scientists and more.
- Degree or credential per the occupation list
- Pre-arranged employment or services contract
- Work must be in the listed profession
Intra-company transferees: T37 / T38
Executives and senior managers (T37) or specialized knowledge workers (T38) transferring within a corporate family to a Canadian parent, subsidiary, branch or affiliate.
- Qualifying corporate relationship
- Current employment in the same capacity
- Managerial (TEER 0–1) or specialized knowledge role
Traders & investors: T34 / T35
Substantial trade in goods or services between Canada and the U.S. or Mexico (T34), or a substantial committed investment in Canada (T35).
- Supervisory, executive or essential-skills role
- Substantial trade or investment, documented
- Investors: file before arrival where possible
Step by step
How a CUSMA application works
01
Match the category
Citizenship, occupation, credentials and corporate structure tested against the treaty text, honestly.
02
Employer files the offer
Employer Portal offer of employment and compliance fee, before the work permit application.
03
Build the evidence
Credentials, corporate documents, or trade and investment records, per the category’s test.
04
Apply — POE or online
Eligible applicants can present a complete package at a port of entry; others file online in advance.
05
Extend and plan ahead
Extensions need a new offer and continued treaty compliance. PR strategy should start early.
The essentials
What a CUSMA file must show
CUSMA permits look simple and refuse hard. What must line up before you rely on the treaty:
- U.S. or Mexican citizenship, permanent residence is not enough
- A genuine match between the job duties and the treaty category
- Credentials and licensing for the occupation, where required
- Employer Portal offer and compliance on the Canadian side
Strategy
The port-of-entry advantage, used carefully
For a qualifying applicant, a CUSMA application at the border can be decided the same day. But a port-of-entry refusal is immediate, recorded and hard to unwind, the package has to survive scrutiny on the spot, with no second chance to supplement the record.
The real work is the fit: whether your job duties actually match the Appendix 2 occupation, whether your degree satisfies the credential rule, whether the corporate relationship qualifies. That analysis belongs before travel, not at the counter.
Work with me
How I help
For applicants
Professionals & transferees
- Occupation-list and credential matching before you commit
- Port-of-entry packages prepared to survive scrutiny
- Corporate and investment documentation done properly
- Renewals and the transition to permanent residence
For employers
Cross-border hiring
- Route comparison: CUSMA vs LMIA vs other exemptions
- Employer Portal filings and compliance
- Structures that support intra-company transfers
- Workforce planning across CUSMA countries
Good to know
CUSMA questions, answered
Citizens of the United States and Mexico only, including citizens of the District of Columbia and Puerto Rico. Permanent residents (green card holders and Mexican permanent residents) are not covered by the temporary entry provisions.
Many applicants who are visa-exempt can apply at a port of entry with a complete package, including the Employer Portal offer number. Investors are encouraged by IRCC to file with an office before arriving. Whether a border application is wise depends on the strength of the file.
The professional category is limited to the occupations in CUSMA Appendix 2. If your role does not fit, the intra-company, trader or investor categories, or another LMIA exemption such as C10, may still apply. The comparison is the first hour of work.
Yes. The employer must submit an offer of employment through the Employer Portal, pay the employer compliance fee, and remain compliant with the conditions of the offer, wages, duties and location included.
CUSMA itself does not assist permanent admission, and the treaty requires temporary intent. But time worked in Canada can support Express Entry and other PR pathways, the sequencing matters, and IRCC scrutinizes long strings of renewals.
Official Sources & Notes
Official sources: IRCC program delivery instructions – CUSMA · CUSMA Chapter 16 (Global Affairs Canada) · IRPR s. 204 (Justice Laws) · IRCC – LMIA exemption codes
This information is current as of July 2026 and is provided for general information only. It is not legal advice. Immigration programs, fees and requirements change frequently, and eligibility always depends on your specific facts. For advice about your situation, please book a consultation.
Get the treaty analysis right, first
If your passport, occupation or corporate structure might open a CUSMA door, find out before you choose a slower route, and before a refusal goes on your record. Book a consultation for the honest comparison.