Canadian employers hiring NAFTA professionals are exempt from the Labour Market Impact Assessment requirement. Business persons are grouped in 4 categories: business visitors, professionals, intra-company transferees, traders and investors.
Typically, individuals must obtain a work permit in order to perform work in Canada. However, NAFTA allows some citizens of the United States and Mexico to work in Canada without a work permit, if they are performing commercial services that reflect the components of a contractual business cycle. The services can be related to: research and design, growth, manufacture and production, marketing, sales, distribution, after-sales service, and general service. Business visitors are authorized to enter Canada for business purposes and can carry out their activities without the need for a work permit.
Professionals from the US or Mexico can apply to work in Canada if they have an offer of employment from a Canadian company in their field, have a work permit, and if their profession is set out in the NAFTA agreement. This class includes professionals such as accountants, architects, engineers, and computer systems analysts, who meet the minimum education requirements set out in NAFTA.
NAFTA allows US and Mexican citizens to work in Canada as intra-company transferees in executive positions, functional manager positions and specialized knowledge positions from related companies. The employee must have worked for the foreign company for at least 1 year in the preceding 3 years in a similar position, as well as comply with the general entry requirements.
TRADER OR INVESTORS
To be eligible as a trader or investor, the applicant must be seeking to conduct or develop and direct the business of a Mexican or American enterprise in Canada, a large investment in Canada, or to carry out large amount of trade in goods or services between Canada and Mexico or the US. The worker’s position must be supervisory, executive, or involve essential skills.
UNIVERSITY, COLLEGE AND SEMINARY TEACHERS
American and Mexican teachers who have been offered temporary appointments at a university, college, or seminary in Canada, may also be eligible to work in Canada under NAFTA, provided that they are performing duties normally associated with a teaching position. This category is only for temporary appointments; individuals seeking a permanent position must apply under a different work permit stream.