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CUSMA Work Permit – CUSMA Investor Stream – CUSMA Agreement

The CUSMA (Canada-United States-Mexico Agreement) Investor program allows citizens of the United States and Mexico to obtain work permits in Canada for the purpose of investing in and developing Canadian businesses.

If you're ready to explore your options for residency and take advantage of the Golden Visa or residency programs, you're in the right place! Our team has extensive experience assisting applicants from diverse backgrounds in obtaining their residency through investment. Reach out to us now by clicking here.

How to qualify for an application under CUSMA as an investor?

In the first place, the applicant must be a U.S. or Mexican citizen, and the enterprise or firm they are joining must have American or Mexican nationality, determined by its ownership structure. This means that individuals or corporate entities holding at least 50% ownership (directly or through shares) in the business established in Canada must possess U.S. or Mexican citizenship. Joint ventures and partnerships are limited to two parties.

Understanding the Substantial Investment Requirement

Second, a substantial investment must have been made or is actively being made, with no minimum dollar amount specified. The investment's "substantiality" is determined using a proportionality test, which compares the amount invested to either:

  • The total value of the enterprise (based on purchase price or tax valuation), or
  • The amount typically required to establish a viable business of that type.

Officers will assess the appropriateness of the investment based on relevant business data, such as information from chambers of commerce or trade associations. Only funds already invested or irrevocably committed will be considered when determining substantiality.

It is important to keep in mind that the investment must be a significant proportion of the total investment required to establish the business. This proportion varies depending on the total amount of investment needed for the business. For example: for a restaurant with a $1 million total investment, the investor may need to contribute $500,000 to $600,000. For an automobile manufacturing plant requiring $10 million, an investment of $2 million to $3 million may be needed.

If you're ready to explore your options for residency and take advantage of the Golden Visa or residency programs, you're in the right place! Our team has extensive experience assisting applicants from diverse backgrounds in obtaining their residency through investment. Reach out to us now by clicking here.

Active vs. Passive Business Ventures

Another key aspect of the investment is the nature of the business. The enterprise must be an active, profit-driven commercial or entrepreneurial venture, not a passive or speculative investment. For example, merely holding undeveloped land or stock without active use or development is considered passive and does not qualify.

If you're ready to explore your options for residency and take advantage of the Golden Visa or residency programs, you're in the right place! Our team has extensive experience assisting applicants from diverse backgrounds in obtaining their residency through investment. Reach out to us now by clicking here.

Viability and Economic Contribution of the Business

Other aspects to consider regarding the investment include investment viability, meaning the business must be productive, generate more than just a livelihood for the investor, and contribute to the local economy, such as by creating jobs. Additionally, the investment must involve financial risk, with the funds at risk of partial or total loss if the business fails; otherwise, it cannot support investor status.

Developing and Directing the Enterprise

Third, the applicant must be seeking entry solely to develop and direct the enterprise. The CUSMA Investor must hold a controlling stake in the company and demonstrate active involvement in directing, controlling, and guiding the business. Key factors include their title, position within the company, and job responsibilities. Typically, CUSMA Investors are not involved in hands-on activities.

Fourth, if the applicant is an employee, the role must be executive, supervisory, or require essential skills.

If you're ready to explore your options for residency and take advantage of the Golden Visa or residency programs, you're in the right place! Our team has extensive experience assisting applicants from diverse backgrounds in obtaining their residency through investment. Reach out to us now by clicking here.

Work Permit Duration and Immigration Regulations

Lastly, the applicant must comply with all immigration regulations for temporary entry into Canada. A work permit is initially issued for a maximum duration of one year, with extensions of up to two years, provided the requirements are met. The applicant must also demonstrate a clear intention to return to the U.S. or Mexico once their investor status ends. Investor status will terminate if the applicant takes on another job, engages in unrelated activities, or closes the business.

If you're ready to explore your options for residency and take advantage of the Golden Visa or residency programs, you're in the right place! Our team has extensive experience assisting applicants from diverse backgrounds in obtaining their residency through investment. Reach out to us now by clicking here.

Conclusion

In conclusion, The CUSMA Investor program offers an excellent opportunity for U.S. and Mexican entrepreneurs to invest in Canada's thriving economy. By ensuring that the business is actively contributing to the local economy, maintaining a controlling stake, and complying with immigration regulations, applicants can successfully obtain work permits and grow their businesses in Canada.

Contact us now!

If you're ready to explore your options for residency and take advantage of the Golden Visa or Residency programs, you're in the right place! Our team is experienced, having assisted applicants from various backgrounds in obtaining their residency through investment. Reach out to us now, click here.

If you’re ready to apply and would like a 1-on-1 session with one of immigration team members at INGWE, you can also book a session directly using this consultation link.

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