The North American Free Trade Agreement facilitates the movement of persons involved in the trade of goods and services. Business people covered by NAFTA are not required to obtain an LMO, and can obtain quicker and easier temporary entry into Canada.
Business people covered by NAFTA must, however, comply with the general provisions on temporary entry to Canada.
NAFTA applies to four specific categories of business people: business visitors, professionals, intra-company transferees, and traders and investors.
A business visitors must:
- seek to engage in international business activities; and
- have a primary source of remuneration from outside of Canada.
A professional must:
- be qualified to work in one of the more than 60 professions listed Chapter 16 of NAFTA (for example, accountant, computer systems analyst, engineer, management consultant and technical publications writer); and
- have pre-arranged employment with a Canadian enterprise in an occupation that matches the qualification.
An intra-company transferee must:
- have worked continuously for at least one year in the preceding three years for the same or affiliated employer in the United States or Mexico;
- be transferred to Canada to work temporarily for the same or an affiliated employer; and
- work in a capacity that is managerial, executive or that involves specialized knowledge.
A trader or an investor must:
- be seeking to carry out substantial trade in goods or services, mainly between Canada and her or his country of citizenship, or conduct substantial investment activities in Canada, in a supervisory or an executive capacity, or in a capacity that involves essential skills;
- meet additional requirements under NAFTA; and
- have a work permit.
We have extensive experience dealing with NAFTA temporary worker applications, and can assist you throughout the process.