Nearly half of Canadian employers say service has deteriorated for talent entering the United States under CUSMA
While the legal framework enabling that mobility remains intact, its enforcement has grown markedly less consistent over the past two years, increasing the risk of delays and disruption to workforce plans, according to a recent report.
The survey, conducted in June 2026 by the Canadian Employee Relocation Council (CERC) with the Pacific NorthWest Economic Region (PNWER) and Worldwide ERC (WERC), polled 46 employers whose staff cross the Canada-U.S. border for work.
It examined how Chapter 16 of the Canada–United States–Mexico Agreement (USMCA/CUSMA) — the provision governing temporary entry for business persons — is functioning in practice.
The survey found 70 per cent of respondents move talent under B-1, L-1 or TN visas, and 28 per cent of those employers have had projects delayed or cancelled because of border issues.
CERC conducted the survey ahead of the scheduled review of CUSMA. The U.S. government has decided not to renew the agreement at this time, though existing rules remain unchanged.
Two-thirds of small businesses (64 per cent) say Ottawa should take the time needed to secure favourable terms in a renegotiated CUSMA, even if it means a longer wait, according to a previous report.
U.S. entry shows sharpest decline
The CERC survey found a pronounced asymmetry between the two countries. Sixteen per cent of respondents said service had deteriorated entering Canada over the past 24 months, versus 48 per cent for entering the United States, more than half of whom called the decline significant.
Confidence in officer training diverged just as sharply: 81 per cent of respondents trusted Canadian officers' training to adjudicate applications, versus 53 per cent for U.S. officers, a 28-point gap.
"Rules [have] not changed but enforcement seems much more strict," one professional-services respondent told surveyors.
Inconsistent adjudication ranked as respondents' top concern, cited by 53 per cent, ahead of access to reliable agency information at 34 per cent and compliance complexity at 26 per cent.
A report from the University of Toronto study released earlier this year showed Canadian visits to U.S. metropolitan areas have dropped about 42 per cent in a year – with evidence the decline is hitting business and trade‑related travel as well as tourism.
Just under half (44 per cent) of respondents have employees in occupations not covered by the TN Professionals list, the roster of eligible occupations under Chapter 16's Appendix 2 of the agreement, according to CERC’s survey.
CERC said the list's categories have remained essentially unchanged since being set under the North American Free Trade Agreement in the 1990s, and do not reflect roles now central to cross-border business, such as data scientists, cybersecurity professionals and project managers.
Recommendations for governments
CERC, PNWER and WERC jointly called for operational rather than regulatory fixes, including harmonized officer training, particularly on the U.S. side, and expanded trusted-employer and pre-clearance programs.
The organizations also urged faster pre-filing decisions, clearer fee guidance, including on the recently introduced $100,000 fee tied to H-1B visa holders, and digitization of visa and work-permit systems across all three countries.
CERC further recommended extending Chapter 16 eligibility to permanent residents, who are currently excluded because eligibility is limited to citizens.
