CUSMA Investors
Under the Canada-United States-Mexico Agreement (CUSMA) a CUSMA Investor may obtain a work permit without first obtaining a Labour Market Impact Assessment (LMIA).
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Overview
For the investment to be considered “substantial”, it must be weighed against the total value of the business in question, or the amount normally required in establishing a venture of that nature. A determination must be made as to whether the investment is considered proportional to the total investment.
In order to be “developing and directing” the business, the CUSMA Investor must also demonstrate that they have a controlling stake in the company.
As an employee of the company, a CUSMA Investor must demonstrate that their primary tasks are to direct, control, and guide employees. Several factors are taken into consideration when determining whether an Investor falls under this label, such as their title, their place within the company’s hierarchy, their job duties, etc. Generally, CUSMA Investors do not usually partake in the company’s hands-on activities.
A CUSMA Investor who is employed in a capacity that involves essential skills must demonstrate that their specific expertise is vital to the American or Mexican company operating within the requirements set out above.
Contact the Cohen Immigration Law Firm for Assistance
Would you like to apply for a PGWP extension? The Cohen Immigration Law firm can help. Cohen Immigration Law offers over 45 years of expertise assisting workers and employers navigate Canadian immigration regulations.