As a U.S. citizen, did you know you have a special pathway to work in Canada that most foreign nationals don’t? It’s called the USMCA (known as CUSMA in Canada), and it replaced NAFTA in 2020. This agreement gives you significant advantages if you’re considering making a move north.
CUSMA allows for temporary entry, enabling U.S. and Canadian citizens to engage in professional work across borders without the intent to establish permanent residency.
Why CUSMA Matters for You as an American Professional: Temporary Entry
If you’re a U.S. citizen with professional qualifications, USMCA creates a streamlined pathway for you to work in Canada without going through standard work permit processes. This agreement specifically benefits Americans (and Mexicans) – it doesn’t apply to green card holders, H-1B visa holders, or other non-citizens living in the U.S.
The professional mobility provisions under USMCA give you access to what’s known as “TN status” – a simplified, efficient way to work legally in Canada without the lengthy processing times and uncertainty of traditional immigration pathways. This TN nonimmigrant status allows eligible Canadian and Mexican professionals to work temporarily in the U.S., with distinct entry requirements for each.
Your Benefits as a U.S. Citizen and Canadian Citizens Under CUSMA
As an American professional, CUSMA offers you several significant advantages:
- Easier Access to Canadian Job Market: CUSMA allows for streamlined work permits, making it easier for U.S. citizens to work in Canada.
- No Labour Market Impact Assessment (LMIA) Required: Unlike other foreign workers, CUSMA professionals do not need an LMIA, simplifying the process.
- Temporary Resident Visa: Business visitors under CUSMA may need a temporary resident visa to conduct their activities in Canada. It’s important to apply for this visa, especially in cases of criminal inadmissibility, to ensure smooth entry and compliance with immigration regulations.
- Extended Duration of Stay: CUSMA permits can be issued for up to three years, with the possibility of extensions.
- Family Benefits: Your spouse and children can accompany you and may also be eligible for work or study permits.
Career Benefits:
- No annual caps or quotas limiting your opportunity
- Significantly faster processing compared to standard work permits
- Renewable work authorization without lifetime maximums
- No labor market impact assessment required
- Ability to bring your spouse and dependents with you
- Allows work for both U.S. and foreign employers
Lifestyle Benefits:
- Maintain proximity to family and friends in the U.S.
- Access Canada’s comprehensive healthcare system
- Experience a high quality of life in tech-friendly cities
- Potential pathway to Canadian permanent residency
- Flexibility to experience living abroad while keeping your American citizenship
- Benefit from the Post-Graduation Work Permit (PGWP) which allows international students to gain valuable work experience in Canada after completing their studies, enhancing their chances for permanent residency
Are You Eligible? TN Visa and USMCA Professional Requirements
To work in Canada under USMCA professional provisions, you need to:
- Be a U.S. citizen or a Canadian or Mexican citizen (not just a permanent resident or visa holder)
- Have a qualifying profession on the USMCA list (includes engineers, scientists, accountants, management consultants, and many tech roles)
- Possess the required credentials (typically a bachelor’s degree or higher in a related field)
- Have a job offer from a Canadian employer
If you work in technology, you’re in luck – computer systems analysts, software engineers, graphic designers, and many other tech roles are explicitly covered in the agreement.
Types of Work Arrangements
TN NAFTA Professionals
For Canadian and Mexican citizens, the TN visa offers a unique opportunity to work in the United States in specific professional roles. This nonimmigrant status is designed for those who meet certain criteria, including holding a bachelor’s degree or higher in a relevant field and securing a job offer from a U.S. employer. The minimum education requirements ensure that only qualified professionals can take advantage of this visa.
TN NAFTA Professionals can work in a wide range of fields such as accounting, engineering, law, medicine, and teaching. Additionally, roles like consultants, researchers, and scientists are also covered. The application process involves submitting necessary documentation to U.S. Citizenship and Immigration Services (USCIS), including a job offer letter, proof of education, and proof of citizenship.
Once approved, TN visa holders can work in the U.S. for up to three years, with the option to renew for an additional three years. They can also bring their spouses and children, who can apply for TD nonimmigrant status, allowing the entire family to stay together during the employment period.
Business Visitors
Business Visitors are individuals who come to Canada for short-term business activities without the need for a work permit. This category is ideal for those attending meetings, conferences, or trade shows, as well as engaging in activities like procuring Canadian goods or services, taking orders, offering after-sales service, or receiving training from a Canadian parent company.
To qualify as a Business Visitor, you must have a valid passport, proof of sufficient funds to support your stay, and a return ticket. Business Visitors can stay in Canada for up to six months, making it a flexible option for those needing to conduct business or trade activities without the complexities of obtaining a work permit.
Family and Personal Considerations
Family Members and Common Law Partners
Family members and common law partners of Canadian citizens or permanent residents have several pathways to join their loved ones in Canada. They can apply for a work permit or study permit, provided they meet certain requirements such as having a valid passport, proof of sufficient funds, and a return ticket.
Applications can be submitted simultaneously with the primary applicant or separately, even after the family member has already entered Canada. Common law partners must demonstrate that they have lived together for at least one year and provide evidence such as a joint bank account or lease.
Once in Canada, family members and common law partners can work or study for the same duration as the primary applicant. They also have the option to renew their permits and, after meeting specific criteria like living in Canada for at least one year, they can apply for permanent residence. This pathway ensures that families can stay together while exploring opportunities in Canada.
What Makes CUSMA Different From Regular Work Permits and Permanent Residence
When you use CUSMA provisions instead of standard work permits:
- You avoid lengthy Labor Market Impact Assessments
- Your application can often be processed at the border/port of entry
- Documentation requirements are more straightforward
- Renewal is typically simpler and more predictable
- You maintain special status as a U.S. citizen under the trade agreement
- CUSMA provisions are designed for temporary work and do not intend to establish permanent residence
How Syndesus Makes Your Move to Canada Seamless
If you’re a U.S. citizen looking to work remotely from Canada while keeping your role with a U.S. company, Syndesus offers a comprehensive solution:
Our Employer of Record (EOR) service enables you to live and work in Canada with full legal compliance, while:
- Maintaining your professional role with your U.S. employer
- Receiving locally-compliant Canadian payroll and benefits
- Getting assistance with the USMCA/TN status application process
- Avoiding the complexity of establishing residency and complying with Canadian regulations on your own
- Having ongoing support for your cross-border employment situation
Additionally, Syndesus can assist with pathways to Canadian citizenship for those interested in long-term residency.
Syndesus provides a comprehensive Employer of Record (EOR) solution that enables U.S. companies to seamlessly employ U.S. citizens in Canada under CUSMA provisions.
Our services handle all Canadian payroll, benefits administration, and compliance requirements, allowing your U.S. citizen employees to work remotely from Canada while maintaining their roles within your organization. Reach out for a free consultation today.
