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INTRODUCTION:
CANADA:
MEXICO
UNITED STATES
NAFTA Background
The global economy is more efficiently
handled if carrying out business on a
regional level.
Most of the countries in the world have
strengthened their economies by creating
and developing regional integration
processes
which
contain
provisions
regarding the mobility of persons.
Canada
NAFTA: an Exemption to the
LMIA process
What is a LMIA?
A Labour Market Impact Assessment is
usually required prior to obtaining a
work permit where the employer will
demonstrate that hiring a foreign
worker will have a positive or neutral
effect on the labour market in Canada.
Criteria: Professionals
Must be citizens of the United States or Mexico
Must occupy a profession listed in Appendix
1603.D.1 to Annex 1603 of NAFTA (see slide 26)
Must meet the educational requirements
indicated for the profession
Must have a job offer or Pre arranged
Employment
Duration: Maximum 3 years per work permit
but no limit for the number of renewals
available.
Criteria: Transfers
Employed for a least one (1) year of
the preceding three (3) years
In a company outside of Canada
affiliated to the Canadian company,
As an executive, manager or individual
with specialized knowledge
Employed in Canada to serve in a
similar capacity
Criteria: Transfers
Duration
Initial: three (3) years *
Renewal: two (2) years at a time
Maximum: seven (7) year for executives or
managers and five (5) years for individuals
having specialized knowledge
Process
Prior to filing application for the work permit
Employer Compliance fee must be paid:
$230
Offer of Employment form
Process
Filing at the Port of
Entry
USA Citizens can file
application for a NAFTA
based work permit at the
port of entry
Must present all required
documents
Decision will be taken on
the spot
May be refused entry if
they dont qualify or dont
have all the documents
Red Flags
Self-employment
often not possible
Possible Medical
Exam
Criminal record or
medical issue will be
a red flag and create
inadmissibility
No LMIA
Faster processing
Extended duration
Limited
documentary
requirements
Mexico
There is no specific visa under NAFTA
in Mexico but visitor and resident
categories cover NAFTA provisions.
The visitor visa category can be used
for stays of up to 180 days and the
temporary resident from 180 days to
4 years.
1994: North American Free Trade Agreement (Canada and the United
States).
2. 1995: G-3 Free Trade Agreement with Colombia and Venezuela.
3. 1995: Free Trade Agreement with Costa Rica.
4. 1995: Free Trade Agreement with Bolivia.
5. 1998: Free Trade Agreement with Nicaragua.
6. 1999: Free Trade Agreement with Chile.
7. 2000: Free Trade Agreement with the European Union.
8. 2000: Free Trade Agreement with Israel.
9. 2001: Free Trade Agreement with the Northern Triangle (Guatemala, El
Salvador and Honduras).
10. 2001: Free Trade Agreement with the European Free Trade Association
(Iceland, Liechtenstein, Norway and Switzerland).
11. 2004: Free Trade Agreement with Uruguay.
12. 2005: Agreement for the Strengthening of the Economic Partnership with
Japan.
13. 2012: Free Trade Agreement with Peru.
* Since 19 November 2006, only Mexico and Colombia have been participating
in the G-3 FTA.
. With the exception of the Mexico-European Union, Mexico-Israel & Mexico-17
European Free Trade Association FTAs, all these treaties contemplate the
Immigration Categories
Visitor
Temporary Resident
Permanent Resident
Visa Waiver
Nationals
No consular visa
required
FMM Card to be
issued for 180 days
upon entry into
Mexico
Temporary Resident
Permissible activities
Temporary Resident
Lucrative & Non-lucrative
Non-Lucrative
Lucrative
Local hire
Requires registration of
sponsoring entity
Company registration
Advance authorization from
the INM
Consular interview
Local registration in Mexico
Streamlined procedure
Consular application
Local registration in Mexico
Less burdensome
requirements
Permanent Resident
4 continuous and regular years on a
temporary resident status
Mexican children (family bonds)
Point grading system
List
Accountant
Architect
Economist
Engineer
Forester
Graphic Designer
Hotel Manager
Industrial Designer
Interior Designer
Land Surveyor
Landscape Architect
Lawyer (including Notary in Province of
Quebec)
Librarian
Management Consultant
Mathematician/Statistician
Astronomer
Biochemist
Biologist
Chemist
Dairy Scientist
Entomologist
Geneticist
Geologist
Geochemist
Geophysicist
Horticulturist
Meteorologist
Pharmacologist
Physicist
Plant Breeder
Poultry Scientist
Soil Scientist
Zoologist
Teacher (College, Seminary,
University)
Criteria
Applicant must have specified
education, credentials, or experience:
Most jobs require BA/BS or
credentials demonstrating status as
a professional
Degree can be in closely related field
Cannot use equivalent experience
Process
Apply for admission at US border
o Canadians do not require a visa
o Mexicans require a visa
Apply for COS or EOS if in US and eligible
3 year initial admissions period
Must have intent to depart at end of stay
Process
Process for Canadians
Apply at POE, airport,
or PFI
Pay required TN fee
Withdrawal of
application vs. Refusal
Refusal not appealable
Issued Multiple Entry I94 with TN notation
Process for
Mexicans
Obtain visa at
Consulate and
apply for TN
admission at POE
o Visas for Mexicans
only issued for 1
year at a time
Documents
Proof of Canadian or Mexican citizenship
Job offer in NAFTA profession
Employer letter detailing the duties, job
requirements, length of stay, and terms of pay
Proof of beneficiary qualifications
Degree evaluation if from non-NAFTA country
G-28
Fee
LCA not required
Red Flags
Dependents get TD
status
Change of status
possible
Extensions/renewals
possible
Self-employment not
allowed
Issues in specific
occupations
(Management
Consultants, Scientific
Technician/Technologi
st Computer
Professional)
Conclusions
US and Canada:
NAFTA visa for professionals has similar
requirements, process, documentation, quick
processing times and permits dependents.
Benefits also for NAFTA intracompany transferees
and business visitors.
Mexico
There is no NAFTA visa category; however, the
visitor and temporary residence categories
surpass NAFTA provisions.
Questions?