North American Free Trade Agreement

If a foreign national is a citizen of the United States of America (US) and / or Mexico and they are a professional, intra-company transferee, trader, or investor, they may be eligible for a work permit under the North American Free Trade Agreement (NAFTA). 

Professionals

To qualify for a work permit as a professional under NAFTA, a foreign national must demonstrate that they:

  • Are a citizen of the US and / or Mexico;
  • Will be working in an eligible profession;
  • Are qualified to work in the aforementioned profession;
  • Have pre-arranged employment with a Canadian employer; and
  • Will be providing professional level services in their field of qualification.

There are currently 60 eligible professions, including the following:

  • Accountants
  • Agriculturalists
  • Animal Breeders
  • Animal Scientists
  • Apiculturist
  • Architects
  • Astronomers
  • Biochemists
  • Biologists
  • Chemists
  • Computer Systems Analysts
  • Dairy Scientists
  • Dentists
  • Dieticians
  • Disaster Relief Insurance Claim Adjusters
  • Economists
  • Engineers
  • Entomologists
  • Epidemiologists
  • Foresters
  • Geneticists
  • Geochemists
  • Geophysicists
  • Graphic Designers
  • Horticulturists
  • Hotel Managers
  • Industrial Designers
  • Interior Designers
  • Land Surveyors
  • Landscape Architects
  • Lawyers and Notary Publics in Quebec
  • Librarians
  • Management Consultants
  • Mathematicians
  • Medical Laboratory Technologists
  • Meteorologists
  • Nutritionists
  • Occupational Therapists
  • Pharmacists
  • Pharmacologists
  • Physicians (teaching or research only)
  • Physicists
  • Physiotherapists and Physical Therapists
  • Plant Breeders
  • Poultry Scientists
  • Psychologists
  • Range Managers and Conservationalists
  • Recreational Therapists
  • Registered Nurses
  • Research Assistants
  • Scientific Technologists and Technicians
  • Social Workers
  • Soil Scientists
  • Sylviculturalists
  • Teachers (college, seminary, and university only)
  • Technical Publications Writers
  • Urban Planners
  • Veterinarians
  • Vocational Counsellors
  • Zoologists

US and Mexican citizens do not require a temporary resident visa (TRV) to enter Canada. Therefore, they may apply for a work permit at a Canadian port-of-entry (e.g. international airport, land crossing, etc.). However, they may elect to apply for a work permit at a Canadian visa office abroad prior to travelling to Canada.

A professional may be issued an initial work permit which is valid for up to three years and extensions are possible. 

Intra-Company Transferees

To qualify for a work permit as an intra-company transferee under NAFTA, a foreign national must demonstrate that they:

  • Are a citizen of the US and / or Mexico;
  • Have been working on a full-time and continuous basis with an affiliated company abroad for at least one year in the past three years;
  • Are currently employed as an executive, senior manager, functional manager, and / or in a position that requires specialized knowledge; and
  • Will be assuming employment in a similar position in Canada.

US and Mexican citizens may apply for a work permit at a Canadian port-of-entry or at a Canadian visa office abroad prior to travelling to Canada.

An initial work permit may be valid for up to three years and extensions may be granted in intervals for up to two years subject to the following caps: 

  • A foreign national who holds a work permit as an intra-company transferee in an executive or managerial position can hold work permits under this category for up to seven years; and 
  • A foreign national who holds a work permit as an intra-company transferee with specialized knowledge can hold work permits under this category for up to five years.

If a foreign national reaches one of the above caps, they may be eligible to recapture time that they spent outside of Canada during the validity of their work permits and apply that time towards a new work permit or apply for a work permit under a different category. If not, they are required to complete at least one year of full-time employment outside of Canada before they are eligible to apply for a new work permit as an intra-company transferee.

Traders

To qualify for a work permit as a trader under NAFTA, a foreign national must demonstrate that they:

  • Are a citizen of the US and / or Mexico;
  • Are employed by an entity which is considered to have US or Mexican nationality;
  • Will be engaging in activities that involve the substantial trade in goods or services principally between the US or Mexico and Canada; and
  • Hold a supervisory and / or executive position or their position involves essential skills. 

Although US and Mexican citizens can apply for a work permit at a Canadian port-of-entry, applications under this category should be filed at a Canadian visa office abroad prior to the foreign national travelling to Canada due to the complexity of such applications.

A trader may be issued an initial work permit which is valid for up to one year and extensions may be granted for up to two years. 

Investors

To qualify for a work permit as an investor under NAFTA, a foreign national must demonstrate that they:

  • Are a citizen of the US and / or Mexico;
  • Are employed by an entity which is considered to have US or Mexican nationality;
  • Have invested, or are actively in the process of investing, a substantial amount of capital; 
  • Are seeking entry to Canada solely for the purpose of developing and directing the enterprise; and
  • Hold a supervisory and / or executive position or their position involves essential skills (if they are an employee). 

Similarly to traders, applications under this category should be filed at a Canadian visa office abroad prior to the foreign national travelling to Canada due to the complexity of such applications.

An investor may be issued an initial work permit which is valid for up to one year and extensions may be granted for up to two years.