What Is NAFTA Work Permit?
Professional Work Permits under NAFTA is an alternative for business people from the United States or Mexico who enter Canada to deliver pre-arranged professional services to a Canadian company.
The NAFTA professional designation applies to more than 60 specific professional jobs. Professionals looking to enter Canada with a NAFTA work permit application must prove that they are competent to work in their field and must only undertake work relevant to their field while in Canada. It is necessary to provide proof of qualifications and/or work experience.
Benefits Of The Program
One of the advantages of applying for a NAFTA Professional work permit is that it exempts applicants from having to complete a Labor Market Impact Assessment (LMIA). Professionals who want to work in Quebec are also free from having to get a Quebec Acceptance Certificate (CAQ). Persons entering the Canadian labor market temporarily are only eligible for NAFTA Professional work permits, which are limited to three years in length.
Requirements
You need to me the following 3 criteria to qualify for a NAFTA work permit.
- The employee must be a citizen of either the United States or Mexico. Green card holders and H-1B visa holders are ineligible for this program.
- The individual must have a job offer in one of the sixty NAFTA-accredited occupations to be considered. Engineers, university professors, computer systems analysts, software engineers, accountants, architects, scientific technicians, professional nurses, management consultants, psychologists, dentists, and a variety of other jobs are among those who fall into this category. You can find the comprehensive list of NAFTA occupations below.
- The employee must meet the requirements of the NAFTA agreement for the occupation. A bachelor’s degree in a discipline related to the profession is usually required. A professional license is necessary across several professions, such as nursing and psychology.
What Types Of Business People May Enter Under NAFTA?
NAFTA underlines five conditions in which an American or Mexican citizen may be qualified for a simplified work permit in Canada:
- NAFTA Business Visitors
- NAFTA Traders
- NAFTA Investors
- NAFTA Intra-Company Transferees
- NAFTA Professionals
NAFTA Business Visitors
NAFTA allows certain American and Mexican businesspeople to visit Canada to temporarily conduct international business without obtaining a Canadian work permit or a Labour Market Impact Assessment (LMIA). A person must be engaged in foreign business activity to qualify as a business visitor. The business visitor needs to make sure that their major source of income and primary business location is both outsides of Canada. Visitors visiting Canada on business may not have any intention to enter the Canadian labor market.
Application Requirements For NAFTA Business Visitors
An individual must be a citizen of either the United States or Mexico to be eligible for an LMIA exemption and work permit exemption under the NAFTA Business Visitors category. This person’s business operations must have an international scale. This clause is highly dependent on the business visitor proving that he or she has no intention of working in Canada. As a result, business visitors will be needed to demonstrate that their primary source of income and primary place of business are both located outside of Canada.
Application Process For NAFTA Business Visitors
Those who seek to enter Canada as a NAFTA business visitor must do so through a Canadian port of entry (POE). Business visitors will be assessed at POEs and will not be able to submit their applications ahead of time. An individual must provide the following documentation to apply to enter Canada as a NAFTA business visitor:
- Proof of citizenship in the United States or Mexico
- Evidence indicating the business activity is international in scope
- Documentation support entry for business activities
- Evidence showing the main source of income is not in Canada
- Proof that the company is based outside of Canada
Because of the nature of the program that qualifies for entrance as a NAFTA business visitor, entry to Canada is only permitted for short periods, unless there are extenuating circumstances.
NAFTA Traders
The North American Free Trade Agreement (NAFTA) allows some American and Mexican traders to qualify for a Canadian work permit without the need for a Labour Market Impact Assessment (LMIA). An individual who wishes to be excluded from the LMIA must demonstrate their engagement in substantial trading of products or services primarily between the United States or Mexico and Canada to be eligible for this exemption. Furthermore, the investor’s enterprise must be of American or Mexican nationality to qualify.
Program Requirements For NAFTA Traders
An individual who wishes to become eligible for an LMIA-exemption under the NAFTA Traders category must be a citizen of either the United States or Mexico and their firm must be either American or Mexican in terms of nationality to be eligible. It should be mentioned that the nationality of an enterprise is determined by the ownership of the enterprise rather than the place of its incorporation.
In addition, the trader must establish that they are engaged in considerable trading in products or services to qualify. Trade between the United States or Mexico and Canada must be conducted primarily between these two countries. The position for which the applicant is applying must be in an executive or supervisory role, or it must involve the use of critical skills.
Application Process For NAFTA Traders
People who want to operate as NAFTA traders in Canada should submit their applications to a Canadian visa office in advance of their intended visit. Although it is allowed to apply for a work permit at a Canadian Port of Entry (POE), it is strongly advised that candidates submit their application to a visa office in advance due to the complexity of this sort of application. The following documentation must be submitted to be eligible to apply for a work permit as a NAFTA trader:
- Proof of citizenship in the United States or Mexico
- Proof of business nationality (either American or Mexican) is required
- Evidence of engaging in significant goods or service commerce, primarily with Canada
- Proof positions are executive-level, supervisory-level, or require key abilities
NAFTA traders may be granted work licenses for a period of up to one year. Traders can ask for up to two-year extensions.
NAFTA Investors
Certain American and Mexican investors are permitted to claim a Canadian work permit without having to complete a Labour Market Impact Assessment as part of the NAFTA agreement (LMIA). An investor must have committed or intends to commit, to investing a significant amount of capital in Canada to become eligible for the LMIA-exemption. Furthermore, the investor’s company must be of American or Mexican nationality to qualify.
Program Requirements For NAFTA Investors
Applicants for an LMIA-exemption under the NAFTA Investors group must be citizens of either the United States or Mexico, and their business must be of either American or Mexican nationality to be eligible. It should be mentioned that the nationality of an enterprise is determined by the ownership of the enterprise rather than the site of its incorporation. In addition, the investor must show that they have made, or are making, substantial capital investment in Canada. If the candidate is a company employee, their employment must be in an executive or managerial role or need critical abilities.
Application Profess For NAFTA Investors
Those interested in applying for a NAFTA investor work permit should do so in advance at a Canadian visa office. While it is possible to apply for a work permit at a Canadian Port of Entry (POE), applicants are strongly advised to submit their application in advance to a visa office due to the complexity of this kind of application. To apply for a work visa as a NAFTA investor, a person must provide the following documents:
- Proof of citizenship in the United States or Mexico
- Proof of business nationality (either American or Mexican) is required
- Financial proof proving prior or current possession and control of assets or other capital assets invested in Canada
Canadian Government may issue work permits for NAFTA investors for a maximum duration of one year. Later, Investors may apply for extensions of up to two years.
NAFTA Intra-Company Transfers
Under NAFTA, a citizen of the United States or Mexico may transfer from within their company to a company in Canada in certain conditions. The employee will not need a Labor Market Impact Assessment (LMIA) when they transfer to the Canadian company, but they will need to apply for a Canadian work permit. Both the person and the company must meet specific criteria to be eligible for this program.
Program Requirements For NAFTA Intra-Company Transfers
An individual must be a citizen of either the United States or Mexico to be eligible for an LMIA-exemption under the NAFTA Intra-Company Transfers category. The applicant must be looking for work in Canada as an executive, manager, or in a position that requires specific skills.
Before applying for a work permit, the applicant must demonstrate that they have been employed in a relevant job for a continuous period of at least one year (full-time) before the date of application. An intra-company transfer that is eligible for the NAFTA Intra-Company Transfer LMIA-exemption is one where the businesses conducting the transfer may show a qualifying relationship with one another. Ties between firms that qualify as qualifying categories include parent, branch, subsidiary, or affiliate relationships.
Application Process For NAFTA Intra-Company Transfers
The process of applying for a work permit as an intra-company transferee under NAFTA may be done in one of three ways:
- At a Canadian border crossing (POE)
- Before entering Canada, at a Canadian visa office
- If a person is already a temporary resident in Canada, they may apply from within the country
A person must present the following paperwork to apply for a work visa as a NAFTA intra-company transferee:
- Proof of citizenship in the United States or Mexico
- Verification of current employment by a company based outside of Canada.
- Proof of one year of full-time employment performed within the three years before the application date
- Proof that the Canadian job fits criteria such as executive, management, or specialist knowledge requirements.
- An overview of the position in Canada
- The planned duration of stay in Canada
- Description of the business relationship between Canada and the United States or Mexico
NAFTA intracompany transferees may be granted a three-year work permit. Intra-company transferees are eligible for two-year extensions.
NAFTA Professionals
Professional workers can apply for a Canadian work visa without having to complete a Labour Market Impact Assessment under the NAFTA Professionals provision (LMIA). Work experience in one of the NAFTA Professionals List of Occupations is required to be eligible under this clause. They must also have a job offer from a Canadian business to practice their specialty.
Program Requirements For NAFTA Professionals
An individual must be a citizen of either the United States or Mexico to fit the criteria for the LMIA-exemption under the NAFTA Professionals provision. In addition, the individual must fit NAFTA’s definition of a professional, which requires them to be qualified in one of the NAFTA Professional Occupations. Professionals must show that they are qualified to work in their field, either by a degree or certification, as well as proof of pre-arranged employment with a Canadian business.
Application Process For NAFTA Professionals
Those interested in applying for a NAFTA work permit can do so in one of three ways:
- At a Canadian border crossing (POE)
- Before entering Canada, at a Canadian visa office
- If a person is already a temporary resident in Canada, they can apply from within Canada
As a candidate applying for a work permit as a NAFTA professional, you need to provide the following documentation:
- Proof of citizenship in the United States or Mexico
- Approval of a previously agreed employment in Canada
- Proof of work in Canada, including the profession of the job.
- Credentials proving their credentials in the profession they want to pursue in Canada.
List Of Professional Occupations Under NAFTA
| Minimum Education Requirements and Alternative Credentials | |
|---|---|
| General | |
| Accountant | Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A. |
| Architect | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Computer Systems Analyst | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
| Disaster Relief Insurance Claims Adjuster (claims Adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) | Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims. |
| Economist | Baccalaureate or Licenciatura Degree |
| Engineer | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Forester | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Graphic Designer | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
| Hotel Manager | Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management |
| Industrial Designer | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
| Interior Designer | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
| Land Surveyor | Baccalaureate or Licenciatura Degree; or state/provincial/federal license |
| Landscape Architect | Baccalaureate or Licenciatura Degree |
| Lawyer (including Notary in the Province of Quebec) | LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar |
| Librarian | M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite) |
| Management Consultant | Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement |
| Mathematician (including Statistician) | Baccalaureate or Licenciatura Degree |
| Range Manager/Range Conservationalist | Baccalaureate or Licenciatura Degree |
| Research Assistant (working in a post-secondary educational institution) | Baccalaureate or Licenciatura Degree |
| Scientific Technician/TechnologistFootnote 5 | Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research |
| Social Worker | Baccalaureate or Licenciatura Degree |
| Sylviculturist (including Forestry Specialist) | Baccalaureate or Licenciatura Degree |
| Technical Publications Writer | Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience |
| Urban Planner (including Geographer) | Baccalaureate or Licenciatura Degree |
| Vocational Counsellor | Baccalaureate or Licenciatura Degree |
| Medical/Allied Professional | |
| Dentist | D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license |
| Dietitian | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) Footnote 6 | Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience |
| Nutritionist | Baccalaureate or Licenciatura Degree |
| Occupational Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Pharmacist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Physician (teaching or research only) | M.D. or Doctor en Medicina; or state/provincial license |
| Physiotherapist/Physical Therapist | Baccalaureate or Licenciatura Degree; or state/provincial license |
| Psychologist | State/provincial license; or Licenciatura Degree |
| Recreational Therapist | Baccalaureate or Licenciatura Degree |
| Registered Nurse | State/provincial license; or Licenciatura Degree |
| Veterinarian | D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license |
| Scientist | |
| Agriculturist (including Agronomist) | Baccalaureate or Licenciatura Degree |
| Animal Breeder | Baccalaureate or Licenciatura Degree |
| Animal Scientist | Baccalaureate or Licenciatura Degree |
| Apiculturist | Baccalaureate or Licenciatura Degree |
| Astronomer | Baccalaureate or Licenciatura Degree |
| Biochemist | Baccalaureate or Licenciatura Degree |
| Biologist | Baccalaureate or Licenciatura Degree |
| Chemist | Baccalaureate or Licenciatura Degree |
| Dairy Scientist | Baccalaureate or Licenciatura Degree |
| Entomologist | Baccalaureate or Licenciatura Degree |
| Epidemiologist | Baccalaureate or Licenciatura Degree |
| Geneticist | Baccalaureate or Licenciatura Degree |
| Geologist | Baccalaureate or Licenciatura Degree |
| Geochemist | Baccalaureate or Licenciatura Degree |
| Geophysicist (including Oceanographer in Mexico and the United States) | Baccalaureate or Licenciatura Degree |
| Horticulturist | Baccalaureate or Licenciatura Degree |
| Meteorologist | Baccalaureate or Licenciatura Degree |
| Pharmacologist | Baccalaureate or Licenciatura Degree |
| Physicist (including Oceanographer in Canada) | Baccalaureate or Licenciatura Degree |
| Plant Breeder | Baccalaureate or Licenciatura Degree |
| Poultry Scientist | Baccalaureate or Licenciatura Degree |
| Soil Scientist | Baccalaureate or Licenciatura Degree |
| Zoologist | Baccalaureate or Licenciatura Degree |
| Teacher | |
| College | Baccalaureate or Licenciatura Degree |
| Seminary | Baccalaureate or Licenciatura Degree |
| University | Baccalaureate or Licenciatura Degree |
What Is The NAFTA Work Permit Processing Time?
This procedure may take anywhere from two to four weeks or even longer. Documentation of the job offer, confirmation that the candidate satisfies the minimal requirements for the position, a valid passport, and a processing fee are all required for the application.
NAFTA Definition of Terms
Executive Capacity
According to the Canadian Government, to meet the definition of executive capacity, a position must meet some or all of the following criteria:
- directs the organization’s management, or a significant component or function of the organization’s management;
- defines the organization’s, component’s, or function’s objectives and policies;
- exercises wide latitude in discretionary decision-making; and
- receiving only general supervision or guidance from higher-level executives, the board of directors, or the organization’s stockholders is one of the conditions.
Managerial Capacity
To fulfill the definition of managerial capability, a position must possess some or all of the attributes listed below:
- administers the organization, or one of its departments, subdivisions, functions, or components;
- oversees an essential function within the company, or a department or subdivision of the organization, or supervises and regulates the work of other supervisory, professional, or management workers;
- holds hiring and firing authority or has the authority to suggest hiring and firing, in addition to other personnel actions (such as promotion and leave authorization); duties at a senior level within the organizational hierarchy or concerning the function managed if no other employees are directly supervised;
- exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority
Specialized Knowledge
The concept of specialized knowledge is that a position must involve both proprietary knowledge and advanced competence to be considered. These are described by NAFTA as the following categories:
- Proprietary Knowledge: “company-specific expertise about a company’s products or services It means the business hasn’t disclosed any standards that would allow others to copy the product or service.”
- Advanced Expertise: “specific knowledge acquired through extensive (i.e. the longer the experience, the more probable the skills is “specialized”) and recent (i.e. within last five years) experience with the organization and used by the worker to make a significant contribution to the employer’s performance.”
Essential Skills
Essential skills are those that are required for the successful functioning of a business. These abilities typically involve a high level of knowledge or competence that the average competent worker lacks.
Supervisory Capacity
A supervisor directs, controls, and/or manages the actions of his or her subordinates. A supervisor, according to this definition, does not regularly involve in hands-on activities. Furthermore, a first-line supervisor does not usually fall under this category.
How Can We Help?
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