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CUSMA (US, CAN, MEX)

The CUSMA Work Permit facilitates the temporary entry of skilled workers between Canada, the United States and Mexico under the Canada-U.S.-Mexico Agreement (CUSMA, formerly NAFTA). This permit waives the requirement for a Labor Market Impact Assessment (LMIA), which significantly simplifies the process of obtaining it.

What is the CUSMA Work Permit?

The work permit under CUSMA allows certain nationals of the three member countries to work temporarily in another member country, provided they meet the requirements set forth in the treaty and their employment category is eligible.

Eligible Categories for CUSMA Work Permits

  1. Professionals:
    • Persons qualified in a specific occupation included in CUSMA's list of eligible occupations.
    • Example: accountants, engineers, doctors, scientists, among others.
  2. Intracompany Transfers:
    • Employees who work for the same company and are transferred to a branch, parent or affiliate in another member country.
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  3. Investors and Traders:
    • Individuals who conduct significant business activities between the countries or invest in a business in the destination country.
  4. Business Visitors:
    • Professionals traveling for legitimate business activities with no intention of gainful employment in the country of destination.

Requirements to Apply

  1. Personal Documentation:
    • Valid passport from a CUSMA member country.
    • Proof of citizenship of Canada, the United States or Mexico.
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  2. Job Offer:
    • Employment letter or contract detailing the position, responsibilities and time of employment.
    • Position must be aligned with a CUSMA eligible category.
  3. Professional Credentials:
    • Academic degrees, licenses or certifications required for the occupation.
    • Proof of work experience, if applicable.
  4. Company Documentation:
    • Letter from employer explaining how he/she complies with CUSMA requirements.
    • Evidence of the company's operations in both countries (if applicable).

CUSMA Permit Application Process
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The process of applying for a CUSMA permit begins with the preparation of the necessary documents, which must meet the specific requirements of the applicable category. This includes, depending on the case, proof of employment, studies or commercial activities, as well as additional documentation that may be requested depending on the type of permit sought. It is essential to ensure that all documents are complete and accurate to avoid delays in the process.

Once the documents are ready, the filing of the application can be done in two ways. If the applicant is outside Canada, he/she can file the application at a port of entry (such as a border or airport) upon arrival in Canada. If the applicant is already inside the country, he/she can apply directly to IRCC (Immigration, Refugees and Citizenship Canada). The application may include additional interviews or reviews depending on the situation.

After submission, the authorities will review the application and determine if the applicant meets the requirements. If everything is in order, the permit may be issued at the time the application is processed. However, if additional information is required, the process may take longer. It is crucial to follow the instructions in detail to ensure a quick review and approval.

Processing Times
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  • Port of Entry:
    • Generally processed the same day.
  • Consulate:
    • 2 to 6 weeks, depending on workload.

Process Costs

  • Work Permit Fee: $155 CAD.
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  • Biometric Processing Fee: $85 CAD (if applicable).

Important CUSMA Permit Considerations

It is essential to note that this permit does not apply to all jobs. To determine if the applicant's occupation is eligible, the official list of occupations that qualify under CUSMA must be consulted. Only those specific occupations that are included in this list can be considered for the permit application, which means that not all occupations are eligible for this benefit.

In addition, the permit is tied to the specific occupation and employer mentioned in the application. This implies that, if the applicant changes jobs or employers, it is necessary to submit a new application or modify the existing one, since the permit is directly associated with the terms initially approved.

In terms of duration, the CUSMA permit has an initial duration that generally varies from 1 to 3 years, depending on the specific circumstances of the case and the nature of the occupation. In many cases, it is possible to apply for a renewal of the permit, as long as the established requirements are met and the occupation remains eligible.

How to hire our services for your visa application?

Before starting the process, we recommend that you schedule a 1-hour immigration consultation with our expert U.S. immigration attorney. During this session, you will resolve your doubts and receive personalized advice about your case.

 Exclusive benefit: The cost of the consultation will be applied as an advance to the fees of the application process for this type of visa.

 Schedule your appointment here: https://www.immilandcanada.com/law/estados-unidos

If you prefer to know more details about this service and its costs, please visit the following link:

https://www.immilandcanada.com/law/contratacion-servicios-usa

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