NAFTA PROFESSIONALS CANADA

by Andy J. Semotiuk
U.S. and Canadian Immigration Lawyer

As a professional from the United States, how does NAFTA allow me to work in Canada?
Professionals of the United States may work in the Canada under the following conditions:

• Applicant is a citizen of the U.S.
• Profession is on the NAFTA list,
• Position in Canada requires a NAFTA professional,
• U.S. applicant is to work in a prearranged full-time or part-time job, for a Canadian employer (see documentation required); self employment is not permitted,
• Professional U.S. citizen has the qualifications of the profession, and
• Compliance with existing immigration requirements for temporary entry.

Requirements
Persons who qualify in the Professionals category may be issued a work permit pursuant to R204(a), T23.

Professionals are not subject to a Labour Market Opinion, but require a work permit (R204, T23)

A professional must present the following documentation:

• Proof of American citizenship
• Confirmation of pre-arranged employment provided by:
   
  • A signed contract with a Canadian enterprise, or
  • Evidence of an offer of employment from a Canadian employer, or
  • A letter form the American employer on whose behalf the service will be provided to the Canadian enterprise;
• Documentation which provides the following information:
   
  • The proposed employer in Canada;
  • The profession for which entry is sought;
  • Details of the position (title, duties, duration of employment, arrangements as to payment) and;
  • The educational qualifications or alternative credentials required for the position; and
• Evidence that the person has at least the Minimum Education Requirements and Alternative Credentials listed in Appendix 1603.D.1 (copies of degrees, diplomas, professional licences, accreditation or registration, etc.)

How Long Can I Stay?
Initial work permits can be granted for durations of up to three years.

Extension of Stay
Extensions can also be issued in increments of up to three years with no limit on the number of extensions providing the individual continued to comply with the requirements for professionals. Officers must be satisfied that the employment is still “temporary” and that the applicant is not using NAFTA entry as a means of circumventing normal immigration procedures.

If you require the assistance with an immigration matter please feel free to contact Andy Semotiuk at Andy@myworkvisa.com or by contacting him at the address found on this web site.