The T36 Exemption Code For Professionals

Emily, a 39-year-old American, has just received a job offer for the same position in Saskatoon. She is both excited and puzzled as she wonders what her future holds. 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, seeking 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 their American or Mexican employer and a Canadian company. 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. The immigration authorities usually require a minimum education. However, sometimes, the applicant needs to show work experience or other qualifications.

General: Finance and Legal

General: Design and Technology

General: Management and Administration

General: Science and Engineering

Medical/Allied Professional

Scientist

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. Those Mexican citizens who qualify for an eTA may also apply at a Canadian airport upon entry. 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 pre-arranged, and self-employment must not be allowed 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 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 advertisement. 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 there is no misuse of CUSMA 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.

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.

Would you please fill out our free assessment form if you wish to visit or move to Canada? We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal immigration advice from a licensed practitioner.

Al ParsaiAl Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor – Queen’s University – Faculty of Law
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada

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