The North American Free Trade Agreement (NAFTA) allows citizens of the USA and Mexico to obtain certain Canadian work permits without an LMIA.

What NAFTA Does:

• NAFTA facilitates temporary entry for business persons who are citizens of the U.S., Mexico and Canada and who are involved in the trade of goods or services, or in investment activities.
• NAFTA removes the need for a Labour Market Impact Assessment (LMIA) for all business persons covered by the Agreement.
• In the case of a business visitor, it removes the need for a work permit.
• For professionals and intra-company transferees, it expedites the application process because one can apply at the port of entry (POE), (note that nationals who require a temporary resident visa to enter Canada, however, should apply at a visa office prior to coming to Canada).

What NAFTA Does Not Do:

• NAFTA does not assist permanent admission.
• It does not apply to permanent residents of the three countries.
• It does not replace the general provisions dealing with foreign workers.
• It has no effect on universal requirements related to passports and identity documentation, medical examinations and safety and security.
• It does not replace the need for workers to meet licensing or certification requirements respecting the exercise of a profession.
• It does not extend special privileges to spouses and members of the family. Their entry is governed by the provisions of the Immigration and Refugee Protection Act and the Regulations

Categories Included in NAFTA

Business persons included in Chapter 16 of the NAFTA are grouped under four categories:

• Business visitors;
• Professionals;
• Intra-company transferees;
• Traders and investors.

Business visitors engage in international business activities related to research and design; growth, manufacture and production; marketing; sales; distribution; after-sales service; and general service. These activities reflect the components of a business cycle.

Business visitors are authorized to enter Canada for business purposes and can carry out their activities without the need for a work permit.

Professionals are business persons who enter to provide pre-arranged professional services— either as a salaried employee of a Canadian enterprise, through a contract between the business person and a Canadian employer, or through a contract between the American or Mexican employer of the business person and a Canadian enterprise. Appendix 1603.D.1 of NAFTA lists more than 60 occupations covered by the Agreement. Professionals enter to provide services in the field for which they are qualified.

Professionals are not subject to an LMIA but require a work permit.

Intra-company transferees are employed by an American or Mexican enterprise in a managerial or executive capacity, or in one which involves specialized knowledge, and are being transferred to the Canadian enterprise, parent, branch, subsidiary, or affiliate, to provide services in the same capacity.

Intra-company transferees are exempt from the LMIA process but require a work permit.

Traders and investors carry on substantial trade in goods or services between the U.S. or Mexico and Canada or have committed, or are in the process of committing, a substantial amount of capital in Canada. Traders and investors must be employed in a supervisory or executive capacity or one that involves essential skills.

Traders and investors are not subject to the LMIA process but require a work permit for which they must apply at a visa office before departing for Canada.