Question 1

What does Cumming & Partners do?

Accepted Answer

Cumming & Partners provides U.S. and Canadian immigration services to corporate clients. The firm represents businesses of all sizes — from Fortune 500 companies and large multinationals to mid-market businesses and start-ups across all industries — helping them move employees across the Canada-U.S. border and maintain compliance with immigration requirements on both sides.

Question 2

Are Cumming & Partners lawyers licensed in both Canada and the United States?

Accepted Answer

Yes, the senior partners at Cumming & Partners are licensed to practise immigration in both Canada and the United States. This dual licensing allows the firm to advise clients on cross-border matters and manage the Canadian and U.S. sides of an immigration matter under one roof.

Question 3

What types of companies does Cumming & Partners work with?

Accepted Answer

Cumming & Partners works with public and private companies of all sizes, including Fortune 500 companies, large multinationals, mid-market businesses, and start-ups across all industries. The firm also serves as outside immigration counsel to many of North America's top law firms and accounting firms.

Question 4

Does Cumming & Partners act as outside immigration counsel for other law firms and accounting firms?

Accepted Answer

Yes, Cumming & Partners serves as outside immigration counsel to many of North America's top law firms and accounting firms, handling the immigration component of cross-border matters on their clients' behalf.

Question 5

Where is Cumming & Partners located, and do you serve clients outside Toronto?

Accepted Answer

Cumming & Partners is located in Toronto, Canada. The firm serves clients from anywhere in the world who require immigration services into Canada or the United States, regardless of where the client is based.

Question 6

What is the difference between corporate and individual immigration services?

Accepted Answer

Corporate immigration services are provided on behalf of a company looking to move employees to Canada or the U.S., or to have employees work in either country. Individual immigration services are provided on behalf of a person requiring personal Canadian or U.S. immigration services, independent of an employer.

Question 7

Can one firm handle both the U.S. and Canadian side of an employee transfer?

Accepted Answer

Yes, Cumming & Partners can handle both the Canadian and U.S. immigration requirements for an employee transfer. Because the firm's senior partners are licensed in both countries, there is no need to engage separate counsel on each side of the border.

Question 8

How does Cumming & Partners manage high-volume immigration programs for employers?

Accepted Answer

High-volume immigration programs are supported by assigning a dedicated team that becomes familiar with the employer's workforce, policies, and business objectives. The firm standardises processes and documentation to streamline applications, tracks deadlines including work permit expiries and status renewals, and provides regular reporting so HR teams and stakeholders have full visibility into all active matters.

Question 9

Which industries does Cumming & Partners have specific immigration experience in?

Accepted Answer

Cumming & Partners represents clients in most major industries, including technology, engineering, manufacturing, construction, oil and gas, transportation, retail, finance, professional sports, and healthcare.

Question 10

How do I start working with Cumming & Partners as a company?

Accepted Answer

The initial call with a company is provided as a courtesy at no cost, to ensure the firm understands the facts and needs of the corporate client. Following that call, Cumming & Partners typically provides a summary of available options with an estimate of cost and timing, along with a standard engagement letter and fee list.

Question 11

What is the difference between an L-1 and a TN visa for Canadian employees?

Accepted Answer

The L-1 visa is an intra-company transfer visa for someone who has worked for an organisation outside the U.S. for at least one year. The TN visa allows Canadian professionals in designated occupations — such as engineers, accountants, scientists, teachers, and management consultants — to work in the United States for a U.S. employer.

Question 12

Who qualifies for a TN visa?

Accepted Answer

Canadian citizens in designated occupations qualify for a TN visa. Eligible occupations include engineers, accountants, scientists, teachers, management consultants, and other professionals listed under the Canada-United States-Mexico Agreement (CUSMA).

Question 13

Can a Canadian company transfer an executive or manager to its U.S. office?

Accepted Answer

Yes, a Canadian company can transfer an executive or manager to its U.S. office provided the employee has worked for the company in Canada for at least one full year.

Question 14

What is an E visa, and which businesses can use it?

Accepted Answer

There are two E visas. The E-1 Treaty Trader Visa is for individuals or businesses engaged in substantial international trade between Canada and the United States. The E-2 Treaty Investor Visa is for individuals who have made, or are actively in the process of making, a substantial investment in a U.S. business.

Question 15

What can a business visitor legally do in the U.S. on B-1 status?

Accepted Answer

Common permissible activities on B-1 business visitor status include attending meetings, conferences, conventions, and seminars; negotiating contracts; participating in training provided by a U.S. company where no productive work is performed; conducting market research; meeting with customers, suppliers, or partners; and installing or servicing equipment where required under a sales contract.

Question 16

Can someone with a criminal record enter the U.S. for work?

Accepted Answer

Yes, someone with a criminal record may be able to enter the U.S. for work by applying for a waiver. Eligibility depends on the nature of the offence and other individual circumstances. Cumming & Partners can advise on the appropriate process.

Question 17

How can a U.S. company transfer an employee to Canada?

Accepted Answer

A U.S. company can transfer an employee to Canada through several types of work permits, including an intra-company transfer work permit, a CUSMA work permit, or a Significant Benefit Work Permit, depending on the employee's role and qualifications.

Question 18

Does my employee need a work permit for a short business trip to Canada?

Accepted Answer

Possibly. A work permit is required if the employee will be performing substantive work in Canada and does not qualify for entry under one of the available work permit exemptions. Whether an exemption applies depends on the nature of the activities being performed.

Question 19

What is an LMIA, and when is one not required?

Accepted Answer

An LMIA (Labour Market Impact Assessment) is a document a Canadian employer may need to obtain from Employment and Social Development Canada before hiring a foreign worker. It demonstrates that hiring the foreign national will not negatively affect the Canadian labour market. An LMIA is not required when the foreign worker qualifies under an exemption, such as intra-company transfers or CUSMA work permits.

Question 20

Can an employee's spouse work in Canada?

Accepted Answer

Yes, in many cases the spouse of a foreign worker in Canada may be eligible for an open work permit, allowing them to work for most employers in Canada without first obtaining a job offer. Eligibility depends on the category of the primary work permit holder.

Question 21

How can a foreign worker move from a work permit to permanent residence in Canada?

Accepted Answer

A foreign worker can transition from a work permit to Canadian permanent residence through several immigration pathways, depending on their work experience, occupation, education, and personal circumstances. Cumming & Partners can assess which pathway best suits a worker's profile and guide them through the process.

Question 22

What is CUSMA and how does it help U.S. professionals work in Canada?

Accepted Answer

CUSMA (the Canada-United States-Mexico Agreement) provides a work permit category that is exempt from the LMIA process, allowing U.S. professionals to work in Canada in certain designated occupations such as engineers, accountants, computer systems analysts, and management consultants.

Question 23

Can someone who is inadmissible to Canada still enter for business?

Accepted Answer

Yes, some individuals who are inadmissible to Canada may still be able to enter for business by applying for a Temporary Resident Permit (TRP). A TRP may be granted where the reason for entry is justified and the benefits outweigh the health or safety risks to Canadian society.

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