PowerPoint Presentation

NAFTA North America

Host: Marianne Fry (Peregrine)Speakers:INTRODUCTION: Raquel Gmez Salas (Peregrine)CANADA: Chantal Arsenault (Norton Rose Fulbright) Mark Holthe (Holthe Tilleman)MEXICO Ivn Rojas (Enrique Arellano)UNITED STATES Jim Alexander (Maggio & Kattar)Speakers

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.3NAFTA provisions about the mobility of business persons

The North American Free Trade Agreement (NAFTA), signed by Canada, Mexico and the USA, came into effect in 1994Chapter 16 of NAFTA aims to facilitate the temporary entry of business persons:Temporary entry is defined as entry without intention to establish permanent residence.Business persons means citizen of the signatory countries engaged in trade of goods, the provision of services or the conduct of investment activities.

NAFTA provisions about the mobility of business persons

Four categories of business persons: -Business visitors -Intra-company transferees -Professionals-Traders and investors Each category is well defined (list of business visitors and professions is available)NAFTA provisions about the mobility of business persons

No work permits required for business visitorsWork permits required for traders and investors, intra-company transferees and professionalsLabour market tests are removed for all four groupsEntry visas may still be required in all four groups

Lets take a look

First Argentina - Hector Gabriel Celano (Celano & Asociados)

7What 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.

CanadaNAFTA: an Exemption to the LMIA process

Must be citizens of the United States or MexicoMust 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 professionMust have a job offer or Pre arranged EmploymentDuration: Maximum 3 years per work permit but no limit for the number of renewals available.

Criteria: Professionals

Employed for a least one (1) year of the preceding three (3) yearsIn a company outside of Canada affiliated to the Canadian company, As an executive, manager or individual with specialized knowledgeEmployed in Canada to serve in a similar capacity

Criteria: Transfers

DurationInitial: three (3) years *Renewal: two (2) years at a timeMaximum: seven (7) year for executives or managers and five (5) years for individuals having specialized knowledge

*For a new company, the status is valid for twelve (12) months initially

Criteria: Transfers

Prior to filing application for the work permit

Employer Compliance fee must be paid:$230Offer 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 entryMust present all required documentsDecision will be taken on the spotMay be refused entry if they dont qualify or dont have all the documents

Filing at the Embassy

Mandatory for most Mexican citizensPossible for USA citizensVarious forms and documents are requiredMay be filed online or at a Visa Application CenterWill generally take a few weeks to be processedCertainty when traveling to Canada

Process

Benefits

No LMIAFaster processingExtended durationLimited documentary requirements

Red Flags

Self-employment often not possiblePossible Medical ExamCriminal record or medical issue will be a red flag and create inadmissibilityBenefits and Red Flags

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.

Mexico has free trade agreements with over 45 countries, with more than 90% of trade under free trade agreements.

1994: North American Free Trade Agreement (Canada and the United States).1995: G-3 Free Trade Agreement with Colombia and Venezuela.1995: Free Trade Agreement with Costa Rica.1995: Free Trade Agreement with Bolivia.1998: Free Trade Agreement with Nicaragua.1999: Free Trade Agreement with Chile.2000: Free Trade Agreement with the European Union.2000: Free Trade Agreement with Israel.2001: Free Trade Agreement with the Northern Triangle (Guatemala, El Salvador and Honduras).2001: Free Trade Agreement with the European Free Trade Association (Iceland, Liechtenstein, Norway and Switzerland). 2004: Free Trade Agreement with Uruguay.2005: Agreement for the Strengthening of the Economic Partnership with Japan.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-European Free Trade Association FTAs, all these treaties contemplate the temporary entry of people on business status.

17Free Trade AgreementsImmigration Categories

Visitor

Temporary Resident

Permanent Resident

Criteria: Visitor Visa

Visitor status comprises tourists, business travelers and trans-migrants in Mexico

Does not entail restrictions to the type of activities that a foreigner may perform in Mexico

Cannot be paid by a Mexican entity

Maximum stay of 180 days in the country each time that a foreigner enters Mexico

Nationals from designated countries exempt the visa requirement to enter Mexico as visitors

FTA Benefits: Visitor Visa

Holders of a valid US visa

Permanent Residents in the US, Canada, UK, Japan or the Schengen countries

APEC business travel card (ABTC) holders

Electronic visa authorization (SAE)

Process: Visitor Visa

Visa Required Nationals

Consular application at the Mexican consulate with jurisdictional restrictions, based on their place of residencePersonal appearance required at the consulateFMM Card to be issued for 180 days upon entry into Mexico

Visa Waiver Nationals

No consular visa required

FMM Card to be issued for 180 days upon entry into Mexico

Temporary Resident

Valid for an initial period of one year

Renewable for up to 4 years in total

Permissible activities

Possibility to receive an income from a Mexican entity.

Non-Lucrative Temporary ResidentLucrative Temporary Resident

Temporary ResidentLucrative & Non-lucrative

Non-Lucrative

Payroll in a foreign entity

Application starts at the Mexican consulate

Streamlined procedureConsular applicationLocal registration in Mexico

Less burdensome requirementsLucrative

Local hire

Requires registration of sponsoring entityCompany registrationAdvance authorization from the INMConsular interviewLocal registration in Mexico

Do not have extensive requirements aside from the company registration

Permanent Resident

4 continuous and regular years on a temporary resident status

Mexican children (family bonds)

Point grading system

Next Paulina Herrera (Contacto Chile)

24United States- TN NAFTA

NAFTA allows Canadian and Mexican citizens to enter the US temporarily in TN status to work at professional level in specified positions

TN-1 for CanadiansTN-2 for Mexicans

NAFTA Professionals ListAccountantArchitectComputer Systems AnalystDisaster Relief Insurance Claims AdjusterEconomistEngineerForesterGraphic DesignerHotel ManagerIndustrial DesignerInterior DesignerLand SurveyorLandscape ArchitectLawyer (including Notary in Province of Quebec)LibrarianManagement ConsultantMathematician/StatisticianRange Manager/ Range ConversationalistScientific Technician/ TechnologistSocial WorkerUrban Planner/GeographerVocational CounsellorDentistDietitianMedical Laboratory TechNutritionistOccupational TherapistPharmacistPhysicianPhysiotherapist/Physical therapistPsychologistRecreational TherapistRegistered NurseVeterinarianAgriculturistAnimal BreederAnimal ScientistApiculturist

AstronomerBiochemistBiologistChemistDairy Scientist EntomologistGeneticistGeologistGeochemistGeophysicistHorticulturistMeteorologistPharmacologistPhysicistPlant BreederPoultry ScientistSoil ScientistZoologistTeacher (College, Seminary, University)

Qualifying Position & NAFTA Professionals List

Job must be listed in Appendix 1603.D.1 to Annex 1603 (8 C.F.R. 214.2(b(4)(i)(A)-(G))Position must require services of professionalCriteria

Applicant must have specified education, credentials, or experience:Most jobs require BA/BS or credentials demonstrating status as a professionalDegree can be in closely related fieldCannot use equivalent experience

Next - Albalira Montfar (BDS)

27Apply for admission at US borderCanadians do not require a visaMexicans 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 PFIPay required TN feeWithdrawal of application vs. RefusalRefusal not appealableIssued Multiple Entry I-94 with TN notation

Process for MexicansObtain visa at Consulate and apply for TN admission at POEVisas for Mexicans only issued for 1 year at a time

Process

Proof of Canadian or Mexican citizenshipJob offer in NAFTA professionEmployer letter detailing the duties, job requirements, length of stay, and terms of payProof of beneficiary qualificationsDegree evaluation if from non-NAFTA countryG-28FeeLCA not required

Documents

3 year incrementsNo upper limit, although need to prove nonimmigrant intentMust be in US when extension is filed, but can request notification to POE or Consulate Dependents file I-539Filing fees required ($325 for I-129, $290 for I-539)

Extensions or Change of Status

Benefits

Dependents get TD statusChange of status possibleExtensions/renewals possible

Red Flags

Self-employment not allowedIssues in specific occupations (Management Consultants, Scientific Technician/Technologist Computer Professional)

Benefits and Red Flags

I will hand over to Raquel for a quick closing summary regarding the region before we open the floor for q and a. 32Conclusions

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.

MexicoThere is no NAFTA visa category; however, the visitor and temporary residence categories surpass NAFTA provisions.

33 Questions?

Contact details available in Immiguru. Please look out for a copy of the slides on our blog and let us or our lovely partners know directly if you have any questions. 34