C&A Insights Team
International Experience Class Opens Application for 2024
The application period for International Experience Class (IEC) Canada in 2024 is now open! Table of Content 1. The Three Categories of...
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NAFTA/CUSMA WORK PERMITS OVERVIEW.
The NAFTA (North American Free Trade Agreement) Work Permit, now known as the USMCA (United States-Mexico-Canada Agreement) work permit, is intended for certain types of professionals from the United States and Mexico to work in Canada.
This permit falls under the International Mobility Program, which means an LMIA (Labour Market Impact Assessment) is not required. The primary aim of this permit is to simplify the process of working in Canada for certain American and Mexican citizens.
To be eligible, applicants must fall into one of the four specific professional categories: business visitors, intra-company transferees, professionals, or traders and investors. Each category has its own set of requirements that must be met.
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Categories of NAFTA/CUSMA Work Permits:
Key Details about NAFTA Work Permits:
NAFTA/CUSMA for Business Vistors.
A NAFTA/CUSMA Business Visitor engages in international business activities related to various aspects of a business cycle.
These activities include research and design, growth, manufacture and production, marketing, sales, distribution, after-sales service, and general service.
Business visitors are authorized to enter Canada without the need for a work permit because their activities do not require them to engage in productive work within Canada but only to facilitate trade and investment between Canada and other countries.
NAFTA/CUSMA for Intra-Company Transferees.
A NAFTA/CUSMA Intra-Company Transferee is employed by an American or Mexican enterprise and is being transferred to a Canadian enterprise, parent, branch, subsidiary, or affiliate to provide services in a managerial/executive capacity or one that requires specialized knowledge.
This NAFTA/CUSMA work permit category allows companies to transfer their key employees from their international operations to their Canadian operations.
Although they are exempt from the LMIA process, they still require a valid work permit to legally work in Canada.
NAFTA/CUSMA for Professionals.
A NAFTA/CUSMA Professional provides pre-arranged professional services in Canada in one of around 60 targeted professions.
These services can be provided 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.
They are not subject to obtaining a Labour Market Impact Assessment (LMIA) but do require a valid work permit.
NAFTA/CUSMA for Traders.
A NAFTA/CUSMA Trader demonstrates the intention to carry out substantial trade of goods or services between Canada and their country of citizenship, either in the US or Mexico.
They must prove that they are employed in a supervisory or executive capacity, or possess essential skills necessary for the success of their trade activities.
The work permit granted to NAFTA/CUSMA Traders is usually valid for one year and can be renewed as long as they continue to meet the eligibility criteria.
NAFTA/CUSMA for Investors.
A NAFTA/CUSMA Investor demonstrates that they have made a substantial investment in a new or existing Canadian business and that they are seeking entry to Canada to develop and direct the Canadian business.
They are required to demonstrate that they hold a managerial or executive role, or have critical skills vital for the prosperity of their investment endeavors.
Typically, the employment authorization given to NAFTA/CUSMA Investors is valid for a year and can be extended provided they consistently meet the qualifying conditions.
Core Benefits of NAFTA/CUSMA Work Permit.
NAFTA/CUSMA Work Permit eliminates the need for a Labour Market Impact Assessment (LMIA), which means that applicants can easily get hired without having to prove that there are no local candidates available for the job.
It offers faster processing times compared to other types of work permits since the overall application process can be expedited, saving time and effort for both the employer and the employee.
This is especially beneficial for businesses that require skilled workers to fill urgent needs.
Limitations of NAFTA/CUSMA Work Permit.
There are limitations to the NAFTA Work Permit:
NAFTA Work Permit is only available to citizens of the United States and Mexico and does not apply to temporary workers from other countries.
The types of jobs covered under this work permit are limited to certain professions, limiting job opportunities for individuals outside those fields.
It is a temporary resident permit and does not lead to permanent residency or citizenship in the respective country, therefore, those who wish to settle permanently in Canada would have to explore other immigration options.
Who is covered by the NAFTA/CUSMA Work Permit?
NAFTA/CUSMA Work Permit is for business professionals and skilled workers between the United States, Mexico, and Canada. These provisions allow qualified individuals from these countries to temporarily enter into each other's territory for specific purposes without having to obtain a work permit.
United States, Mexico, and Canada can take advantage of streamlined temporary entry procedures when traveling for business or work purposes. However, it should be noted that not all citizens are covered under the NAFTA/CUSMA provisions.
In the case of the United States, only citizens of the District of Columbia and Puerto Rico are eligible for temporary entry under NAFTA/CUSMA. This means that citizens of Guam, the Northern Mariana Islands, American Samoa, and the U.S. Virgin Islands are excluded from taking advantage of these provisions.
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