Canada increases initial period of stay for NAFTA professional workers from US and Mexico

Citizenship and Immigration Canada (CIC) has announced to increase the maximum validity of North American Free Trade Agreement (NAFTA) work permits for American and Mexican professionals seeking to work in Canada.

This change in key immigration rule will extend the initial period of admission for NAFTA professionals from one to three years before seeking readmission or obtaining an extension of stay. Eligible professionals may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year.

The Canadian NAFTA work permit is a visa category available to eligible Americans and Mexicans with at least a bachelor’s degree or appropriate professional credentials who work in certain qualified fields pursuant to the NAFTA, and have a pre-arranged employment in Canada in some relevant field or profession. However, a pre-arranged employment for this purpose does not require a Labor Market Opinion (LMO) from Human Resources and Social Development Canada (HRSDC). This visa classification also does not allow for self-employment in Canada, even for those who otherwise meet the requirements of an eligible occupation.

In addition to the requirements stated in the provisions of NAFTA agreement, strict definitions of eligible occupations are also applied by immigration officials considering these work permits. Qualified professions for this visa classification identified within NAFTA include, but are not limited to, accountants, architects, systems analysts, engineers, attorneys, scientists, teachers, and many medical/allied professions such as dentists, dietitians, nutritionists, pharmacists, physical therapists, occupational therapists, medical lab technologists and others.

Canada grants about 5,150 NAFTA work permits every year to the citizens of USA and Mexico. Permanent residents of these countries are not eligible to apply for Canadian NAFTA work permits.

Although the Canadian NAFTA work permits are not intended to assist in immigration to Canada, but as a matter of fact, a holder of a work permit issued under NAFTA may be able to obtain up to 15 points for Arranged Employment as an Independent Skilled Worker. The holders of such work permits may also benefit from Canadian Experience Class.

With the exception of the Investor and Trader categories of NAFTA provisions, cases of the professionals are processed exclusively at Canadian ports of entry, although some locales do allow for pre-approval of such cases (1-3 days delay).

This change in NAFTA work permit rule will not only ease administrative burdens and costs on North American workers but also expected to add extra practical flexibility for those U.S. and Mexican nationals who are seeking Canadian permanent residency. It will also benefit Canadian employers by increasing the amount of time NAFTA non-immigrants will be able to work for them before having to seek an extension of status. Spouses and unmarried minor children of NAFTA non-immigrants in their corresponding non-immigrant classifications will also benefit from the new regulation. This proposed rule would also increase such dependents’ maximum period of stay from one year to three years but they may not work.

"This extension, along with our Action Plan for Faster Immigration, will greatly benefit the Canadian economy by helping ensure greater continuity and stability for both employers and workers," said Minister Kenney. "In a time of economic uncertainty, highly skilled migrants encourage innovation and economic growth, making us more competitive economically."

The Canadian rule change follows a similar one made in October by U.S. authorities that allow Canadian engineers, computer scientists and other professionals to obtain three year work permits (TN) in America. Mexico is considering such a change.

Canada, the U.S. and Mexico agreed on labor mobility standards for 63 different professional occupations when NAFTA was negotiated in 1993, allowing professionals from those occupations to work in another NAFTA country without having to re-qualify under local certification standards. In all cases, a professional must have a firm job offer before going to work in the other country.

Prime Minister Stephen Harper has said on several occasions that he believes a shortage of skilled labor is the biggest single long-term challenge for Canadian policy-makers. After a survey of its member companies earlier this year, Canadian Manufacturers and Exporters, a trade organization, also says finding enough skilled labor should be one of Canada's top priorities.