CUSMA Work Permit: The T36 Exemption Code for Professionals

A 39-year-old American hotel manager, Emily, just got a job offer in Saskatoon in the same position. Excited yet puzzled, she wonders about her work permit options. Specifically, she’s curious about the LMIA exemption code T36. She knows this could simplify her move. But does her profession qualify? And what steps should she follow? Emily dives into research to seek clarity. She wants to make this transition as smooth as possible. Her journey begins with understanding the USMCA/CUSMA agreement and its benefits for professionals like her.

Introducing USMCA, CUSMA, T-Mech

The USMCA, known as CUSMA in Canada and T-MEC in Mexico, revamps NAFTA. The free trade agreement between the United States, Canada, and Mexico introduces new trade and labour agreements. Specifically, Annex 16-A targets labour mobility between the three countries and details who qualifies for streamlined work permits.

1. What CUSMA Does in Canada
   • Covers citizens of the participating countries
   • Enables temporary business activities across the U.S., Mexico, and Canada without needing an LMIA.
   • Allows certain business visitors to enter without a work permit.
   • Streamlines the process for TRV-exempt professionals, allowing port-of-entry applications.
2. What CUSMA Does Not Do
   • CUSMA is not for permanent residency.
   • It excludes permanent residents of the three countries from its provisions.
   • Does not override licensing/certification for professional practice.
   • Family members of the covered individuals are subject to the regular immigration process.
3. Who is Covered by CUSMA?
   • Focuses on U.S., Mexican, and Canadian citizens, including those from the District of Columbia and Puerto Rico.
   • Excludes citizens of certain U.S. territories and permanent residents from the temporary entry benefits.

CUSMA Work Permit Categories in Canada

Canadian authorities have tailored special work permit options for Mexican and United States citizens based on the CUSMA agreement. These options exempt qualified applicants from an LMIA when applying for a work permit. Here are the existing exemption codes and their brief descriptions.

• CUSMA Trader (T34): For individuals engaged in cross-border trade.
• CUSMA Investor (T35): For investors managing substantial investments.
• CUSMA Professional (T36): For qualified professionals practicing in reciprocal economies.
• CUSMA ICT Executive or Senior Manager (T37): For high-level company transfers.
• CUSMA ICT Specialized Knowledge (T38): For those with unique expertise beneficial to the company.

This article focuses on the LMIA exemption code T36 (IMP T36) for professionals.

Who is a professional?

Under CUSMA, professionals are business individuals who come to offer agreed-upon professional services. These services can be under a Canadian company’s salaried position. Alternatively, they might work through a contract. This contract could be directly with a Canadian employer or involve a Canadian company and an American or Mexican employer. Additionally, Appendix 2 of CUSMA details 63 specific occupations. These professionals deliver services in their areas of expertise.

List of CUSMA professions based on Appendix 2

The following tables reflect the professionals covered under CUSMA and show the minimum requirements for applying under LMIA exemption code T36. Immigration authorities usually require a minimum level of education. However, sometimes, the applicant needs to show work experience or other qualifications.

General: Finance and Legal

• Accountant: Bachelor’s degree (or licenciatura), or a recognized accounting designation (CPA, CA, CGA, CMA).
• Disaster Relief Insurance Claims Adjuster: Bachelor’s degree (or licenciatura) and disaster-related claims adjusting training, or 3 years of claims adjusting experience plus the same disaster-related training.
• Economist: Bachelor’s degree (or licenciatura).
• Lawyer (including Notary in Quebec): LL.B., J.D., LL.L, B.C.L., or licenciatura (5 years), or membership in a state or provincial bar.
• Librarian: Master of Library Science (MLS) or equivalent, or a Bachelor of Library Science (BLS) plus another bachelor’s degree that was required to enter the BLS program.
• Mathematician (including Statistician and Actuary): Bachelor’s degree (or licenciatura). If you are an actuary, you also need to meet the recognition requirements of a professional actuarial association or society in at least one CUSMA country.

General: Design and Technology

• Architect: Bachelor’s degree (or licenciatura), or a state or provincial licence.
• Computer Systems Analyst: Bachelor’s degree (or licenciatura), or a post-secondary diploma or certificate plus 3 years of experience.
• Graphic Designer: Bachelor’s degree (or licenciatura), or a post-secondary diploma or certificate plus 3 years of experience.
• Industrial Designer: Bachelor’s degree (or licenciatura), or a post-secondary diploma or certificate plus 3 years of experience.
• Interior Designer: Bachelor’s degree (or licenciatura), or a post-secondary diploma or certificate plus 3 years of experience.
• Landscape Architect: Bachelor’s degree (or licenciatura).
• Technical Publications Writer: Bachelor’s degree (or licenciatura), or a post-secondary diploma or certificate plus 3 years of experience.
• Urban Planner (including Geographer): Bachelor’s degree (or licenciatura).

General: Management and Administration

• Hotel Manager: Degree in hotel or restaurant management, or a post-secondary diploma or certificate in hotel or restaurant management, plus 3 years of experience in hotel or restaurant management. This is meant for senior management roles in a hotel context.
• Management Consultant: Bachelor’s degree (or licenciatura), or 5 years of experience as a management consultant, or 5 years of experience in a specialty field related to the consulting agreement.
• Social Worker: Bachelor’s degree (or licenciatura).
• Vocational Counsellor: Bachelor’s degree (or licenciatura).

General: Science and Engineering

• Engineer: Bachelor’s degree (or licenciatura), or a state or provincial licence.
• Forester: Bachelor’s degree (or licenciatura), or a state or provincial licence.
• Land Surveyor: Bachelor’s degree (or licenciatura), or a state, provincial, or federal licence.
• Range Manager / Range Conservationist: Bachelor’s degree (or licenciatura).
• Research Assistant (post-secondary institution): Bachelor’s degree (or licenciatura).
• Scientific Technician / Technologist: You must have relevant theoretical knowledge in a listed science and be coming to work in direct support of a qualifying professional in that discipline. Typically, this is demonstrated by at least 2 years of relevant training (diploma, certificate, or transcripts) and relevant work experience.
• Sylviculturist (including Forestry Specialist): Bachelor’s degree (or licenciatura).

Medical/Allied Professional

• Dentist: DDS, DMD, Doctor en Odontologia, or Doctor en Cirugia Dental, or a state or provincial licence.
• Dietitian: Bachelor’s degree (or licenciatura), or a state or provincial licence.
• Medical Laboratory Technologist (Canada) / Medical Technologist (U.S. and Mexico): Bachelor’s degree (or licenciatura), or a post-secondary diploma or certificate plus 3 years of experience.
• Nutritionist: Bachelor’s degree (or licenciatura).
• Occupational Therapist: Bachelor’s degree (or licenciatura), or a state or provincial licence.
• Pharmacist: Bachelor’s degree (or licenciatura), or a state or provincial licence.
• Physician (teaching or research only): MD or Doctor en Medicina, or a state or provincial licence. This category is for teaching or research, not for direct patient care (patient care incidental to teaching or research is acceptable).
• Physiotherapist / Physical Therapist: Bachelor’s degree (or licenciatura), or a state or provincial licence.
• Psychologist: A state or provincial licence, or a licenciatura degree.
• Recreational Therapist: Bachelor’s degree (or licenciatura).
• Registered Nurse: A state or provincial licence, or a licenciatura degree. To be authorized to enter Canada as a registered nurse, a licence issued by the province of destination is necessary.
• Veterinarian: DVM, DMV, or Doctor en Veterinaria, or a state or provincial licence

Scientist

All scientific professions below require a Bachelor’s degree (or licenciatura).

• Agriculturist (including Agronomist)
• Animal Breeder
• Animal Scientist
• Apiculturist
• Astronomer
• Biochemist
• Biologist (including Plant Pathologist)
• Chemist
• Dairy Scientist
• Entomologist
• Epidemiologist
• Geneticist
• Geologist
• Geochemist
• Geophysicist (includes Oceanographer in Mexico and the U.S.)
• Horticulturist
• Meteorologist
• Pharmacologist
• Physicist (includes Oceanographer in Canada)
• Plant Breeder
• Poultry Scientist
• Soil Scientist
• Zoologist

Teacher

All teacher professions below require a Bachelor’s degree (or licenciatura).

• College Teacher
• Seminary Teacher
• University Teacher

Where can you apply for a professional CUSMA work permit?

All applicants may apply online before or after entry (practitioners see R197 and R199(h)). U.S. citizens may also apply at a port of entry. Mexican citizens who qualify for an eTA may also apply for it upon entry at a Canadian airport. However, this option is not available to the rest of Mexican citizens. Finally, flagpoling is another option for Mexican citizens.

Documentation for Professional Work Permit Application

Professionals must provide:

• Proof of American or Mexican citizenship.
• Confirmation of pre-arranged employment via:
  • A contract with a Canadian enterprise, or
  • An employment offer from a Canadian employer, or
  • A letter from an American or Mexican employer to a Canadian enterprise.
• Documentation detailing:
  • The Canadian employer,
  • The profession and position details (title, duties, duration, payment arrangements),
  • The required educational qualifications or credentials.

Employment Conditions

Employment must be prearranged, and self-employment is not permitted in Canada. Examples include:

• An employee-employer relationship with a Canadian enterprise,
• A contract between the professional and a Canadian enterprise,
• A contract between the professional’s American or Mexican employer and a Canadian enterprise. The Canadian employer must be distinct from the applicant. Control or ownership by the applicant may disqualify the applicant from entry under this category.

Renewal and Self-Employment Indicators

For renewal, indicators of self-employment in Canada include:

• Incorporation of a company for self-employment,
• “Job hunting” activities,
• Establishing an office for advertising. Activities not constituting self-employment:
• Responding to unsolicited service inquiries,
• Setting up an office for pre-arranged services.

Important points to consider while providing documents

• Professionals must work in occupations they qualify for, as Appendix 2 of CUSMA describes.
• Duties in Canada must align with the profession’s listed job duties.
• Appendix 2 qualifications represent the minimum entry requirement, not necessarily the professional qualifications required in Canada.
• Assessing professional licensing is not the officer’s role; compliance with Canadian standards is the responsibility of the employer and professional.
• Nurses require a provincial license for Professional status; entry may be facilitated for licensing if they’ve initiated licensure steps.
• Professionals with multiple contracts in Canada must include documentation for each employer on their work permit.

Work Permit Duration and Extensions for IMP T36

The officer makes the final decision. However, the following list gives you a hint about the duration of the work permit and subsequent extensions.

• Initial work permits last up to three years.
• Extensions follow in up to three-year increments.
• There’s no limit on the number of extensions as long as professionals meet requirements.
• Officers verify employment remains “temporary.”
• They ensure that CUSMA is not misused to bypass immigration rules.

Programs Similar to CUSMA for Professionals

Canada offers work permits to professionals from other countries under programs similar to IMP T36. However, the duration of the work permits and the list of professionals are different. The following list only lists the FTAs (Free Trade Agreements) and their associated IMP codes. Please book a consultation session to explore your options.

Check Your Eligibility Instantly

Knowing your options is the first step toward your move. We have designed a self-assessment tool to simplify the complex International Mobility Program. You simply answer a few questions about your background and job offer. The AI then determines if you meet the criteria for an LMIA-Exempt Permit.

Let us help!

Our team has handled many LMIA-exempt and LMIA-required work permits as well as T23/T36/Professionals work permits. Please book a consultation session to explore your options. If you are dealing with immigration or visa issues, fill out the following form.