NAFTA Professional Work Permit

Overview of the NAFTA Professional Work Permit

The NAFTA professional work permit allows American and Mexican citizens to enter and live in Canada temporarily to provide professional-level services under the NAFTA agreement.

However, they must meet some requirements and provide some documents to qualify to apply. The requirements include the following:

• American or Mexican citizenship.
• Educational qualifications.
• Pre-arranged employment.

Furthermore, they must be able to supply documents verifying that they meet these requirements. The professional occupations that are covered by NAFTA can be broadly grouped into:

• General.
• Medical/Allied.
• Scientific/Research.
• Teaching.

Following a successful application, the applicant receives the work permit, valid for up to three years and renewable. Spouses or common-law partners who accompany NAFTA professionals are permitted to apply for open work permits and take up any job they get.

In 2020, NAFTA was replaced with the United States Mexico Canada Agreement (USMCA). CUSMA is another term that is used. Although there were a few modifications, the requirements and procedures for obtaining a work permit remained the same.

What is a NAFTA Professional Work Permit?

The Canadian NAFTA Professional Work Permit is an official document that allows a business person who has American or Mexican citizenship to enter Canada temporarily for approved business activities.

These business persons or people are categorized under:

• Business professionals.
• Intra-company transferees.
• Traders and investors.
• Business visitors

Applying for the Canadian NAFTA Work Permit as NAFTA Professionals

NAFTA professionals are business persons who enter Canada temporarily to provide pre-arranged professional services. They do not require a Labour Market Impact Assessment to carry out their services but they require a work permit.

They may provide professional-level services through a contract between the business person and a Canadian employer, through a contract between the American or Mexican employer of the business person and a Canadian enterprise, or as a salaried employee of a Canadian enterprise.

If the job is not found in the list of eligible professions, applicants become ineligible. However, alternative job titles are allowed if job duties match that of one of the eligible professions.

Self-employment is not allowed under the Professionals’ category in Canada. A person who wants to be self-employed in Canada should consider making an application under another category such as Trader or Investor.

Requirements to enter Canada as NAFTA Professionals

All applicants must meet the following requirements to be granted a NAFTA work permit:

• They must prove they are of American or Mexican citizenship.
• They must have educational qualifications (a degree or certification in a related educational program) for their profession and be engaged in business activities at a professional level in their area of qualification.
• They must have pre-arranged employment with a Canadian employer in one of the several eligible professional occupations.
• They must comply with Canadian immigration requirements for temporary entry.

Benefits of a NAFTA Professional Work Permit

The advantages of holding a Canadian work permit under NAFTA include the following:

• Spouses or common-law partners of employees are allowed to apply for an open work permit to take up any job in Canada. If they apply, spouses and common-law partners can get the open work permit at the same time the employee is issued a NAFTA work permit, and they do not require a job offer to apply.
• Although NAFTA work permits are temporary, they are a pathway to becoming permanent residents in Canada. This is because workers under the NAFTA business visitors can apply to the Express Entry program.
• Applicants who apply for permanent residence are usually awarded extra points for a job offer or work experience in Canada as well as in other areas such as education, language ability, and age. A person with at least one year of experience working at a NAFTA job will be awarded 50 extra points, an additional 200 points if the person held a management-level position during the work period, and 40 points for the year of Canadian work experience.

Documents required to enter Canada as NAFTA Professionals

NAFTA professionals are required to present the following required documents:

• Proof of American or Mexican citizenship.
• Confirmation of pre-arranged employment such as an offer of employment from a Canadian employer, a signed contract with a Canadian enterprise, or a letter from an American or Mexican enterprise indicating that the applicant will provide service on its behalf to the Canadian enterprise.
• Proof that they retained their employment outside Canada.
• Details of the reasons for entry.

There are steps to applying for a NAFTA Professional Work Permit:

• The Canadian employer must submit an offer of Canadian employment indicating details of the employee such as name, passport number, and description of job duties through the online portal. Other supporting information required includes the source of remuneration for the employee and which party is responsible for the employee’s supervision.
• Once the application fee has been paid and the application has been submitted, a number is generated which must be made available to the employee before he or she can proceed to apply for a work permit.
• The employee will then proceed to apply for a NAFTA work permit at a Canadian Port of Entry. The employee must submit a letter showing the job details, copies of degrees or transcripts showing educational qualifications, and a printout of the generated number.
• A work permit issuance fee applies and the work permit is issued if the employee shows substantial proof for each requirement.

NAFTA Professional work permits can be issued for up to three years and can be renewed indefinitely. Application for a work permit can be done at the port of entry or a Canadian Visa office before going to Canada.

Professions and Educational Requirements

There are more than 60 professional occupations covered by the agreement and can be grouped into categories such as Medical/Allied, General, Scientific/Research, and Teaching professional services. The following are professional occupations that are approved under NAFTA along with their accepted qualifications:

General Professions and Minimum Education Requirements or alternative credentials

The following are the general professions that are approved for American or Mexican citizens who intend to enter Canada as professionals under NAFTA:

Medical/Allied Professions and Minimum Education Requirements

The following are the medical/allied professions approved for American or Mexican citizens who intend to enter Canada as professionals under NAFTA:

Science Professions and Minimum education requirements

The following are the science/research professions approved for American or Mexican citizens who intend to enter Canada as professionals under NAFTA:

Teaching Professions and Minimum Education Requirements

The following are the teaching professions approved for American or Mexican citizens who intend to enter Canada as professionals under NAFTA:

Benefits of NAFTA Professional Work Permit to University, College and Seminary Teachers

The Canadian immigration requirements of the NAFTA ease temporary entry for American and Mexican teachers who have been offered temporary jobs at Canadian universities, colleges and seminaries. They include exchange professors, guest lecturers and visiting professors.

Canadian, American and Mexican teachers can now obtain a work permit authorising temporary employment at a university, college, or seminary in any of the participating countries by presenting a letter from the employer describing the temporary appointment at a Port of Entry.

How to Hire a Temporary Worker without a Labour Market Impact Assessment (LMIA)

It is necessary to follow the right steps to hiring a temporary worker under the International Mobility Program, one of which is NAFTA. The steps for hiring a temporary worker under the NAFTA program are listed below.

Application and Fee payment

Applicants must create and fill out an offer of employment form online through the Employer portal. The offer of employment should contain details such as the foreign worker you intend to hire, job details, wages and benefits, and your business details.

Submit the form through the Employer portal and pay the Employer Compliance fee (CAD 230), You will be given an ‘Offer of Employment’ number which you must give to the temporary worker you intend to hire. Note that you do not need to submit any form or make a payment if the temporary worker already holds an open work permit that authorises him or her to work for any Canadian employer.

Some employers are exempt from paying a compliance fee. They include international missions or consular posts, foreign governments, owners or operators of an international bridge or tunnel, and international organisations recognized under the Foreign Missions and International Organisations Act.

Employee Work Permit Application

The temporary worker may then complete the process by following the steps to apply for a work permit online.

After the application has been reviewed and approved, the applicant will receive a letter of introduction and a work permit from a Canada Border Services Agency official if they meet the requirement on arrival. If they do not, they can apply for a new work permit.

Your temporary worker must be informed of the following:

• They must carry the right travel or entry document such as a visitor visa or an electronic travel authorisation (eTA).
• They must check with their government to know the requirements associated with leaving.
• They must abide by the requirements of their work permits.

How Can IAS Help?

If you want to apply for a NAFTA professional work permit or extend your Canadian employment under the NAFTA program, our specialist advisers are here to help you and your family with our tailored immigration advice services.

As part of our bespoke packages, you will be assigned a Canadian immigration lawyer who perfectly matches your individual and professional needs. Your lawyer will work with you to assess your goals and eligibility and guide you through your application journey, supporting you every step of the way.

For permanent residence or NAFTA professional work permits, call 0333 305 9375 today to speak with one of our Canadian immigration lawyers to get an assessment of your eligibility and advise on the best visa program or immigration route.