NAFTA Work Permit

The North American Free Trade Agreement (NAFTA) allows citizens of the United States, Mexico and Canada to travel across borders for business purposes. You must apply for a NAFTA work permit to work in Canada as a NAFTA professional. This article will explain a NAFTA work permit and how to use it if you live in the U.S. or Mexico.

What is NAFTA?

The North American Free Trade Agreement was signed by Canada, Mexico, and the United States, creating a trilateral trade bloc in North America. The agreement came into force on January 1, 1994, superseded the 1988 Canada–United States Free Trade Agreement between the United States and Canada. NAFTA is a free trade agreement without tariffs or quotas on goods and services traded between these countries.

Who is eligible for a NAFTA work permit?

You must be a citizen of one of the NAFTA countries. You must have a job offer from an employer in Canada that meets specific requirements, including:

• The position must be listed as a NOC A (Professional) or B (Skilled) on the National Occupational Classification (NOC).
• The employer has to pay you at least one dollar per hour above minimum wage in your province or territory, depending on your qualifications and experience level. This applies even if they’re offering perks like housing or travel expenses–the total value of these benefits still has to add up to at least $1/hour above minimum wage for each hour worked under this program.* You must have Canadian Language Benchmarks 7-9 for English-speaking applicants who don’t already have a working knowledge of French; otherwise, applicants need CLB 4+ for both languages.* Immigration Canada should recognize your education credentials before applying for a work permit through NAFTA

NAFTA Professionals

The NAFTA Professionals provision allows professionals to apply for a Canadian work permit without needing a Labour Market Impact Assessment (LMIA). To be eligible, you must have an offer of employment to practice the profession and work experience in one of the NAFTA Professional List of Occupations.

Application Procedure – NAFTA Professionals

Those wishing to apply for a work permit as a NAFTA professional may do so in one of three ways:

• At a Canadian Port of Entry (POE)
• At a Canadian visa office before entry to Canada
• If the person is already inside Canada as a temporary resident, they may apply from within the country.

To apply for a work permit as a NAFTA professional, a person must provide the following required documents:

• • Proof of American or Mexican citizenship
  • Confirmation of pre-arranged employment in Canada
  • Evidence of Canadian work indicating the profession of the employment
  • Credentials demonstrating their qualifications in their intended position in Canada

NAFTA Intra-Company Transfers

Under the North American Free Trade Agreement (NAFTA), an employee may transfer from within the American or Mexican enterprise to a business in Canada under specific conditions. In moving to the Canadian company, the worker is not required to request a Labour Market Impact Assessment (LMIA), while they will need a Canadian work permit. The employee and the company must meet specific requirements to qualify for this program.

Program Requirements – NAFTA Intra-Company Transfers

To qualify for an LMIA exemption under the North American Free Trade Agreement Intra-Company Transfers category, the person must be from the United States, Mexico, or vice versa. They must seek Canadian employment in an executive, managerial, or position requiring specialized knowledge.

The person must demonstrate that they have held continuous employment in a similar position for at least one year (full-time) before the date of the work permit application. Each applicant should be assessed on their qualifications for labour market issues such as skill, educational attainment and experience. To be eligible for the NAFTA Intra-Company Transfer LMIA exemption, the intra-company transfer enterprises must demonstrate a qualified relationship.

NAFTA Intra-Company Transfer Application Procedure

There are three ways for foreign nationals to apply for a work permit as a NAFTA intra-company transferee:

• At a Canadian Port of Entry (POE)
• At a Canadian visa office before entry to Canada
• If the person is already inside Canada as a temporary resident, they may apply from within the country.

To qualify for an intra-company transfer work permit, a person must submit the following required documentation:

• Proof of American or Mexican citizenship
• A letter from a Canadian employer confirms that the company still employs you.
• Evidence of one year of continuous, full-time employment completed within the three years before your application date
• Proof that the Canadian position meets the criteria of executive, managerial or specialized knowledge capacities.
• Outline of the work in Canada
• The intended duration of stay in Canada
• Description of the relationship between the enterprise Canada and the American or Mexican enterprise

Work permits for NAFTA intra-company transferees are generally issued for a maximum duration of three years. However, they may be extended by up to two additional years in one-year increments if needed.

NAFTA Investors

Under NAFTA, some American and Mexican investors can apply for a Canadian work permit. They can do this without the need for an LMIA. This is because they have committed, or are intending to commit, to investing a substantial amount of capital in Canada. Also, the investor’s enterprise must be Canadian in terms of nationality.

NAFTA Investors – Requirements

For an investor from the United States or Mexico to qualify for an LMIA exemption, the person must be a citizen of either the United States or Mexico, and their enterprise must be American or Mexican in terms of nationality. It should be noted that the race of an enterprise is indicated by ownership rather than the location of incorporation.

The investor must also show they are making a significant investment in Canada. If the applicant is an employee, their position must be executive (defined as managing at least two other employees), supervisory (i.e., directing another person’s work activities) and requires essential skills (like specialized knowledge).

Procedure – NAFTA Investors

Those wishing to apply for a work permit as a NAFTA investor should submit applications to a Canadian visa office in advance. While regulations allow a person to apply for a work permit at a Canadian Port of Entry, applicants must submit to a visa office in advance due to the complex application. To do this, you will need to provide documents, including the following:

• Proof of American or Mexican citizenship
• Proof of enterprise nationality as either American or Mexican
• Evidence of investment: financial evidence indicating prior or present possession and control of funds or other capital assets invested in Canada.

NAFTA investors may receive work permits for a maximum of one year, and they can apply to extend their stay in Canada by up to two years.

NAFTA Traders

Under NAFTA, some American and Mexican traders may apply for a Canadian work permit without needing a Labour Market Impact Assessment (LMIA). To qualify for this LMIA exemption, a trader must demonstrate their involvement in the substantial trading of goods or services between the United States, Mexico, and Canada.

Suppose you are a U.S. or Mexican trader and wish to enter Canada as a business visitor. You must first obtain a NAFTA Business Travel Card (B-1/B-2) from the United States Citizenship and Immigration Services (USCIS). You will need to complete the form I-94W to apply for this card.

NAFTA Traders Requirements

To qualify for an LMIA exemption under the NAFTA Traders category, a person must be a citizen of either the U.S. or Mexico and their enterprise must be American or Mexican in terms of nationality. The trader must also demonstrate their involvement in substantial trading in goods or services. This trading must be carried out principally between the U.S., Mexico and Canada. The applicant’s position must be in an executive or supervisory capacity or require essential skills.

To qualify for an LMIA exemption under the NAFTA Investors category, a person must be a U.S. or Mexico citizen and have the legal capacity to invest in Canada. The applicant must demonstrate their involvement in direct investment in Canada that creates or maintains at least one full-time job for Canadian citizens or permanent residents.

Procedure

Those wishing to apply to trade in NAFTA countries should submit their application in advance to a Canadian visa office. While regulations do allow a person to apply for work at a Border Services Agency, applicants must submit it in advance to a visa office due to the complex nature of this type of application. To apply for a work permit as a NAFTA trader, a person must provide the following required documents:

• Proof of American or Mexican citizenship
• Proof of enterprise nationality as either American or Mexican
• Evidence of participating in substantial trade of goods or services, principally with Canada
• The Proof position requires the individual to possess executive, supervisory, or highly specialized skills.

Work permits for NAFTA traders may be issued for a maximum of one year, and traders may apply to extend their work permits by up to two years. NAFTA traders cannot apply for a work permit if they are employed by a company whose business is related to trading goods or services with Canada.

To qualify as an independent trader, applicants must prove they own at least 51% of their enterprise. NAFTA traders may also be required to demonstrate that they have sufficient working capital to sustain themselves full-time in Canada.

NAFTA Business Visitors

NAFTA business visitors are exempt from needing a work permit or an LMIA to undertake business activities. This means American and Mexican business people can temporarily enter Canada to engage in international business activities. The business visitor must maintain that their primary source of remuneration and principal place of business is outside of Canada. The business visitor cannot intend to enter the Canadian labour market.

If you are a NAFTA business visitor, it is essential to understand the rules surrounding your stay in Canada. You cannot work for an employer in Canada or accept any payment for services rendered while in Canada. This applies even if an employer outside of Canada has offered to pay you for work while visiting that country.

All Program Requirements

To qualify for an LMIA and work permit exemption under the NAFTA Business Visitors category, a person must be a United States or Mexico citizen. They must also have international business activities within the scope of their position at their company.

This provision highly depends on the business visitor demonstrating that they will not seek employment in Canada. Because business visitors must prove that their primary source of remuneration and principal place of business is outside Canada, they may need to provide financial documents such as bank statements.

Application Procedure

Visitors wishing to enter Canada on a business visa under NAFTA may only apply for this visa at the border. NAFTA business visitors must undergo border screening and cannot submit applications in advance. For a person who enters Canada as a NAFTA business visitor, they must provide the following documents:

• Proof of American or Mexican citizenship
• Documentation support entry for business activities
• Evidence that business activity is international in scope
• Proof that the primary source of remuneration is outside of Canada
• Evidence that the business location is outside of Canada

Because of their nature and the limited duration of stay authorized under this category, NAFTA business visitor activities do not qualify for an extension of status or change to another immigration class.

The application process.

• First, the employee must be a United States or Mexico citizen. Green card holders and H-1B holders do not qualify.
• Second, the employee must have a job offer in one of the sixty NAFTA occupations. These occupations include engineers, university teachers, computer systems analysts, software engineers, accountants, architects, scientific technicians, professional nurses, management consultants, psychologists, dentists, etc. Click here for a complete list of NAFTA occupations.
• Third, the employee must have the qualifications for the occupation specified in the NAFTA agreement. In most cases, this is a bachelor’s degree in a field related to the work. A professional license is required in some occupations, such as nursing and psychology.

There is now a two-step application process.

• First, the Canadian employer must submit an online “Offer of Employment,” which will be reviewed by IRCC. The Offer of Employment includes a description of the job duties and basic information about the employee, such as name and passport information. There is a fee of CAD 230 to submit the Offer of Employment. The Canadian business should submit the Offer of Employment, which will benefit from the worker’s services. Suppose the worker is paid by a party outside Canada (such as a U.S. consulting company). In that case, the Canadian business can state that the U.S. entity will be responsible for payment and supervision of the worker. Once the Offer of Employment is submitted, IRCC generates an “A Number” that can be used to track its progress and status.”
• If you are a Canadian employer wanting to hire a foreign worker: Next, the employee travels to Canada and applies for a work permit at either a land border port of entry or at a Canadian airport. The employee presents a print-out of the “A Number,” a letter explaining the job offered, and proof of the worker’s qualifications, such as copies of degrees and transcripts. A work permit is then issued. NAFTA work permits can be issued for up to three years. They can be renewed indefinitely. The work permit issuance fee is CAD 155 (so total government fees add up to CAD 385).

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