Canada-United States-Mexico Agreement (CUSMA)

The Canada-United States-Mexico Agreement (CUSMA) is a trade deal that came into effect on July 1, 2020, replacing NAFTA. It modernizes trade between the three countries, addressing contemporary economic challenges while retaining strong economic ties.

Key Features

• Trade in Goods: Maintains tariff-free trade on most goods and strengthens rules of origin for industries like automotive.
• Labor and Employment: Enhances labor protections, especially in Mexico, with mechanisms to address violations.
• Digital Trade: Introduces rules to protect cross-border data flows and limit localization requirements.
• Intellectual Property: Extends copyright terms and enforces IP protections.
• Agriculture: Improves market access for U.S. dairy, poultry, and eggs in Canada.
• Environment: Strengthens commitments to prevent pollution and wildlife trafficking.
• Dispute Resolution: Retains mechanisms for trade remedy disputes.
• Investment: Balances investor protections with governments' right to regulate.

Immigration Implications

The agreement facilitates temporary entry for businesspeople in specific categories:

• Business visitors
• Traders and investors
• Intra-company transferees
• Professionals (specific professions listed in an annex)

For example, eligible professionals can apply for a CUSMA Work Permit without needing a Labor Market Impact Assessment (LMIA) in Canada.

Categories of Business Persons

The Canada-United States-Mexico Agreement (CUSMA) provides streamlined entry for business persons under the following categories:

1. Business Visitors

Individuals engaging in international business activities without entering the local labor market. Typically short-term stays for activities such as:

• Research and design
• Marketing research
• Sales or distribution
• After-sales services (e.g., warranty repairs, training)

2. Traders and Investors

Individuals engaged in:

• Traders: Substantial trade in goods or services between their home country and the host country.
• Investors: Developing or managing a business in which they have made a significant investment.

These roles must be supervisory, executive, or require essential skills.

3. Intra-Company Transferees

Employees transferring within the same company to another member country. Eligibility requires:

• Employment with the same company for at least one year in the last three years.
• A managerial, executive, or specialized knowledge position.

4. Professionals

Workers in specific occupations requiring:

• A pre-arranged job in the host country.
• Qualifications or credentials to practice their profession.

Examples of eligible professions:

• Engineers
• Architects
• Scientists
• Accountants
• IT Specialists (e.g., Computer Systems Analysts)
• College-level Teachers