Help for Employers

Professionals from the US or Mexico

The North American Free Trade Agreement (NAFTA) facilitates temporary entry into Canada of citizens of the USA and Mexico, who are business visitors, professionals, intra-company transferees, traders or investors. Those individuals are exempt from the Labour Market Opinion (LMO) requirements, and in some cases even from a work permit.

Individuals who are professionals can enter Canada as temporary foreign workers and are exempt from LMO requirements. This applies to those professionals whose occupations are included in the NAFTA list of more than 60 occupations. This agreement expedites their application process by permitting issuance of work permits at the port of entry – Canadian border. They can also apply for a work permit at the Canadian visa post in their home country prior to coming to Canada.

Employers who are interested in hiring professionals from the USA and Mexico, can request assessment of eligibility for LMO exemption for those workers by contacting the CIC Temporary Foreign Worker Unit in Calgary.

My company has been recruiting in both the United States and Mexico for temporary foreign workers with professional qualifications. How do I use the provisions of the North American Free Trade Agreement to bring these professionals into Alberta?

American or Mexican citizens whose professions are included under the NAFTA list of occupations may be able to work temporarily in Canada under the LMO exemption of that agreement. For some temporary foreign workers, this means that they could be available to work in Alberta within a short period of time as they do not have to go through the LMO process.

When hiring a professional, employers must keep in mind that hired temporary foreign workers may have to meet Alberta professional associations' and licensing bodies' requirements.

Step 1: Verify Citizenship of a Foreign Worker

When hiring foreign workers from United States and Mexico, make sure they can prove that they are citizens of one of these two countries.

Step 2: Check NAFTA Professional Occupation List

Determine if the occupation you are recruiting for is included in the NAFTA. There are more than 60 professional occupations listed under the NAFTA, including:

  • Accountants
  • Architects
  • Computer systems analysts
  • Economists
  • Engineers
  • Foresters
  • Health care and medical professionals
  • Hotel managers
  • Scientists and others

Refer to the Temporary Foreign Worker Manual for the complete NAFTA list of professionals (Appendix G, Section 3.8). You can also contact the CIC temporary foreign worker unit to determine if your prospective worker is LMO-exempt.

Step 3: Check Education and Qualifications of Temporary Foreign Workers

Ensure that the temporary foreign worker you want to hire has the qualifications to work in that profession. They must provide evidence that they meet at least the minimum educational requirements or have alternative credentials.

Evidence includes copies of academic degrees, diplomas, professional licenses and accreditation or registration with professional associations.

Step 4: Make an Offer of Employment

Provide a temporary foreign worker with the following:

  • Signed contract or written offer of employment,
  • Name of your company/business,
  • Details of the position including the job title, duties, duration of employment, salary or wage and educational requirements.

Step 5: Foreign Worker Obtains a Work Permit

In most cases NAFTA professionals have an option to apply for a work permit at the port of entry. If they come to the port of entry they will have to present the following documents:

  • Job offer or contract and other documents received from the Alberta employer
  • Proof of their credentials – educational qualifications
  • Professional licenses (if applicable)
  • Proof of work experience (reference letters from previous employers if required)
  • ID document (passport or birth certificate)
  • Proof of American or Mexican citizenship

What do I do if I want to extend the foreign worker’s contract?

If you want to extend your foreign worker’s contract for another term you need to give a copy of the signed extended job offer to the foreign worker so that he/she can apply for an extension of a work permit.

What do I do if I want to keep my temporary foreign workers permanently?

After an international worker has worked for you for a period of time, usually a probationary period, you can decide to make him/her offer for permanent employment and nominate him/her through the Alberta Immigrant Nominee Program (AINP) for permanent resident status. This Canada-Alberta program facilitates a fast-tracked process in obtaining a permanent resident status in Canada. Check the information on AINP for skilled workers.

Date Updated: Mar 20, 2009
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