These US workers have an advantage in moving to Canada

Some citizens of the United States seeking to move and work in Canada have advantages and facilitations to help them do so more easily.

The Canada–United States–Mexico Agreement (CUSMA)—Canada’s name for the USMCA free trade agreement—lets certain U.S. and Mexican citizens work in Canada more easily in specific business categories.

Among the advantages that eligible professionals through the program can benefit from are the exemptions from needing to obtain a Labour Market Impact Assessment (LMIA) before they can work in Canada—often a key impediment for many foreign nationals in the country that can delay the entire process.

Below is a clear overview of who qualifies, what each category requires, how individuals can bring their families with them, and how Canadian work experience can help build a path to permanent residence (PR).

Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm

Who is eligible under CUSMA?

CUSMA facilitation is only available to U.S. and Mexican citizens (not permanent residents).

CUSMA covers several types of workers, including:

• Professionals;
• Intra-company transferees;
• Traders; and
• Investors.

Requirements that apply to all CUSMA applicants

No matter which work permit you apply for, Immigration, Refugees and Citizenship Canada (IRCC) expects you to meet baseline temporary resident/work permit requirements, such as:

• Showing that they will leave Canada when their work permit expires;
• Show that they will have enough money for themselves and their accompanying family;
• Obeying the law; no serious criminality; not a security risk;
• Being in good health (medical exam if required); and
• Not planning to work for an ineligible employer, and will provide any documents requested by officers.

CUSMA categories are explicitly listed as categories that can apply from inside Canada (if other conditions apply), and certain visa-exempt travelers can still apply at a port of entry when eligible.

Category requirements: what each CUSMA pathway needs

A) Professionals

IRCC’s guidance for officers describes the Professional category as professional-level work in an occupation set out in CUSMA’s Appendix (attached below), assessed as part of the International Mobility Program (IMP).

Core eligibility:

• U.S. (or Mexican) citizen;
• Occupation is on the CUSMA professional list;
• Qualified for the profession (degree/certification in a related educational program); and
• Pre-arranged employment with a Canadian employer.

Employer steps (typical for employer-specific work permits under IMP):

• Submit an offer of employment via the ESDC Employer Portal;
• Pay the $230 employer compliance fee; and
• Provide the worker with the offer of employment number.

Work permits for professionals under CUSMA are typically valid for up to 3 years, and extensions may be possible (often up to three years at a time).

B) Intra-company transferees (ICT)

ICTs are U.S./Mexican citizens transferred to a related Canadian entity from their American or Mexican employer; the company must be multinational and actively doing business in Canada.

Core eligibility:

• U.S. (or Mexican) citizen;
• Executive/managerial role or specialized knowledge role;
• Transferring to a Canadian enterprise with a qualifying relationship to the foreign enterprise; and
• Employed continuously for at least 1 year full-time in the last three years before applying.

Work permit validity for ICTs under CUSMA is generally up to three years, with extensions up to two years at a time, to a maximum of:

• Five years total (for ICTs with specialized knowledge); or
• Seven years (for ICTs who are managers/executives).

C) Traders

Traders carry on “substantial trade” in goods/services between Canada and the U.S. or Mexico.

Core eligibility:

• U.S. (or Mexican) citizen;
• The employing enterprise has U.S./Mexican nationality;
• Activities involve substantial trade, principally with the U.S. or Mexico;
• Role is supervisory/executive, or involves essential skills; and
• Complete IMM 5321 (Trader/Investor form).

Work permit validity for traders under CUSMA is normally limited to one year, with extensions up to two years.

D) Investors

Investors seek to establish/develop/administer an investment with substantial capital (or provide key advice/technical services).

Core eligibility:

U.S. (or Mexican) citizen;

• Have made (or are actively making) a substantial investment in Canada;
• Offer of employment submitted (Employer Portal or authorized alternate means) from a Canadian enterprise with significant U.S./Mexican ownership; duties solely to develop/direct; role is executive/supervisory or essential skills; and
• Complete IMM 5321 (Trader/Investor form).

Work permit validity for investors is commonly for one year, with extensions up to two years possible.

Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm

How (and where) Americans can apply

As U.S. citizens are visa-exempt to Canada, IRCC notes that they may apply at a port of entry if they meet eligibility requirements. It should be noted that entry for foreign nationals is often determined by the reviewing immigration officer's judgment, meaning that entry is not guaranteed.

Americans already in Canada must note that IRCC has tightened rules around applying at a port of entry for those in the country (including limits on “flagpoling” for immigration services).

In many cases, employers and applicants still choose to apply online, so the package can be reviewed in a more controlled way—especially for regulated professions or complex corporate structures.

Moving with family: spouses, partners, and children

Spousal open work permits

CUSMA is a trade agreement to facilitate the entry of principal workers to Canada, but spouses/common-law partners may be eligible for an open work permit (OWP) under IRCC policy, depending on the worker’s situation and occupation.

OWPs allow holders to work for most employers in most industries and are not tied to any one employer or occupation, giving these foreign workers more freedom in Canada’s labour market.

IRCC’s current rules state that for spouses/common-law partners of high-skilled workers (not on specific PR pathways), the principal worker must:

• Hold a valid work permit/approval (or be authorized to work without a permit in some cases);
• Have work authorization valid for at least 16 months after IRCC receives the spouse’s OWP application;
• Be living (or planning to live) in Canada while working; and
• Be employed in TEER* 0 or 1, or certain eligible TEER 2 or 3 occupations.

The Training Education Experience and Responsibilities (TEER) framework is contained within Canada’s National Occupation Classification (NOC) system and used to assess the level of occupations, with 0 being the highest (managerial level roles) and 5 being the lowest skilled.

Under CUSMA, spouses must also meet certain requirements to be eligible for a work permit:

• They must meet the standard eligibility criteria for a work permit.
• They must be in a genuine relationship with you, the CUSMA work permit holder.
• If they are in Canada, they must be either:
  • holding a valid temporary resident status;
  • in Canada on maintained status; or
  • eligible to restore their status as a visitor, worker, or student.

If you and/or your spouse don’t meet these conditions, your spouse won’t qualify and will need to pursue another work permit option.

Children: school and permits

Minor children can study at preschool/primary/secondary without a study permit in certain situations, including when they’re in Canada and accompanied by a parent who is authorized to work or study in Canada.

This means if you are able to obtain a work permit through CUSMA, your child will be able to study without needing a study permit if they are under the age of majority. Children who are over this age and looking to begin their post-secondary studies in Canada must seek a study permit to do so.

IRCC also notes that provinces/territories set the age of majority.

How CUSMA work experience can jumpstart eligibility for Canadian PR

A CUSMA work permit is temporary, but it can be strategically powerful because Canadian skilled work experience is highly valued in Canada’s PR programs and is often greatly rewarded in addition to being an essential prerequisite.

Two key examples of PR pathways that CUSMA work permit holders can pursue are Express Entry programs and immigration programs under the relevant Provincial Nominee Program (PNP).

Express Entry: Canadian Experience Class (CEC)

Express Entry is Canada’s main PR pathway for skilled workers looking to settle permanently in the country. Candidates under the system submit profiles, which are assessed and scored using the Comprehensive Ranking System (CRS). Candidates are issued a score based on this criterion and must wait until they are “drawn” in a selection, with a cut-off score below their own, to receive an invitation to apply (ITA) for PR.

The primary program under Express Entry for candidates with Canadian work experience is the Canadian Experience Class (CEC), which IRCC has indicated is a priority program in 2026.

IRCC’s CEC skilled work experience requirements include:

• Work in TEER 0/1/2/3;
• Gained in Canada while authorized to work;
• Paid work (not volunteer/unpaid internship); and
• At least 1 year / 1,560 hours in the 3 years before applying.

Based on their own entry requirements (including previous work experience in the US) and ability to extend their stay in Canada, CUSMA work permit holders can qualify for this program quickly and can score highly under the CRS.

In the CRS, Canadian work experience can contribute meaningful points, including up to 70 or 80 points for Canadian work experience in the core human capital section (depending on whether you have a spouse/partner included).

Provincial Nominee Programs

Every province and territory in Canada (except for Nunavut and Quebec) runs its own PNPs (which encompass specific streams and pathways) with the aim of nominating newcomers to their province who meet their labour market and immigration goals.

If you’re working in Canada on a CUSMA work permit, building recent, in-province work experience (and often an ongoing job with a local employer) can put you in a strong position for that province or territory’s PNP streams, which are often designed to select for candidates who have work experience in their region.

If a province or territory nominates you, you can then use this nomination to directly apply to IRCC for permanent residence.

For Express Entry–aligned (“enhanced”) nominations, IRCC notes you’ll receive 600 additional CRS points, which can significantly improve your chances of being invited to apply for PR.

Key reminder: a core part of PNP is intent to reside—you apply to the province/territory where you want to settle, and provinces consider whether you really plan to live there (and, in the Express Entry PNP process, you must check the requirements for the province where you want to live and work).

Schedule a Free CUSMA Work Permit Consultation with the Cohen Immigration Law Firm