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Temporary Entrance: NAFTA Business Traveler Requirements

General Requirements for Travel To Canada

  1. U.S. citizens are not required to have a passport for travel to Canada. However, proof of citizenship and photo identification is necessary. Presenting a Birth Certificate and a Driver's License can fill this requirement.
  2. U.S. citizens with a criminal record may not be allowed to enter Canada.

Business Visitors

According to NAFTA, a business visitor is:

"a business person seeking to engage in a business activity set out in Appendix 1603.A.1, without requiring that person to obtain an employment authorization, provided that the business person otherwise complies with existing immigration measures applicable to temporary entry...."

The business activities set out in Appendix 1603.A.1, include the following groups of people:

  • Research and design: Technical, scientific and statistical researchers, conducting independent research or research for a company located in the United States or Mexico.
  • Growth, Manufacture and Production: Harvester owner supervising (not hands-on work) a harvesting crew admitted which is authorized to work in Canada.
  • Marketing: Market researchers and analysts conducting independent research or analysis for an enterprise located in the United States or Mexico. Trade fair and promotional personnel attending a trade convention (this does not include the organizer of the trade fair, unless there are no Canadian exhibitors at the trade convention).
  • Sales: Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the United States or Mexico, but not delivering goods or providing services. These sales representatives or agents may bring into Canada the necessary number of samples required for display.
  • Distribution: American and Mexican transportation operators who are either transporting goods or passengers to Canada from the United States or Mexico OR loading and transporting goods or passengers in Canada to be taken to the United States or Mexico (without any unloading in Canada). A transportation operator is defined as:

    "a natural person, other than a tour bus operator, including relief personnel accompanying of following to join, necessary for the operation of a vehicle for the duration of a trip."
  • After-sales Service: Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to a seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside Canada during the life of the warranty of service agreement. If the installation, warranty or service work has been contracted out to a third party, this must be clearly indicated on the sales agreement in order for an employee of the third party firm to be admitted as a business visitor.
  • General Service: Professionals engaging in a business activity at a professional level in a profession set out in the table below in the section on professionals. Management and supervisory personnel engaging in a commercial transaction for an enterprise located in the United States or Mexico. Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in the United States or Mexico. Public relations and advertising personnel consulting with clients or colleagues, or attending or participating in conventions. Tourism professionals attending or participating in conventions or conducting a tour that began in the United States or Mexico. Translators or interpreters performing services as employees of an enterprise located in the United States or Mexico.

Requirements for Business Visitors

Business visitors, in addition to meeting the above criteria, must also be able to do the following:

  • Provide proof (e.g. a letter from your employer) that you plan to engage in an approved business activity (those set out in Appendix 1603.A.1 of the NAFTA and listed above) and describing the purpose of your entry into Canada.
  • Provide proof (e.g. a letter from your employer) explaining that the proposed business activity is international in scope and that you are not planning on entering the Canadian labor market, by showing that (i) the primary source of remuneration for the proposed business activity is outside Canada; and (ii) that your principal place of business and the actual place of accrual of profits, at least predominantly, remain outside Canada.
  • If you are a "professional" (see table below in section on professionals) you may qualify for entry under the general service provision of the business visitor category. You must be able to prove that you have the minimum education requirements listed in the table for your profession (a letter from your employer or a copy of your professional license, certification, accreditation or registration suffices).
  • If you are seeking entry as an after-sales service person, you must provide copies of the original sales, warranty, or service agreement, and any extension to this agreement.

Length of Stay

Business visitors are generally given permission to stay in Canada for a period of up to six months. For after-sales service personnel the duration of the stay granted is generally equivalent to the amount of time required to carry out the service obligation.

Frequent Travelers

Business visitors that travel to Canada frequently over an extended period of time and always enter for the same reason can request, at the Canadian point of entry, that a visitor record be issued to them. This document will facilitate subsequent visits to Canada. There is no cost to obtain a visitor record, but whether or not to issue one is at the discretion of the immigration officer.

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Professionals

According to NAFTA, a professional is:

"...a business person seeking to engage in a business activity at a professional level in a profession set out in Appendix 1603.D.1, if the business person otherwise complies with existing immigration measures applicable to temporary entry..."

The arrangement to provide professional services can be as a result of an employee-employer relationship with a Canadian enterprise, a signed contract between the business person and a Canadian enterprise, or a signed contract between the business person's American or Mexican employer and a Canadian enterprise. Since this report is written for U.S. companies, the last option will be assumed in explaining the requirements below.

Under NAFTA, American and Mexican professionals are not subject to Canada's job validation process, whereby the Canadian employer must prove that there are no willing and qualified Canadians to fill the position. However, professionals do require an employment authorization from the Canadian government. The individual must also provide proof of the minimum education requirements or alternative credentials for their profession as set out in NAFTA. For professions not listed below, an employment authorization will be granted only if the Canadian employer is able to successfully show that there are no willing and qualified Canadians that can do the work required.

The professions set out in Appendix 1603.D.1 are as follows:

General

Accountant
Architect
Computer Systems Analyst
Disaster Relief Insurance Claims Adjuster
Economist
Engineer
Forester
Graphic Designer
Hotel Manager
Industrial Designer
Interior Designer
Land Surveyor
Landscape Architect
Lawyer
Librarian
Management Consultant
Mathematician (including Statistician)
Range Manager/Range Conservationalist
Research Assistant (working in a post-secondary institution)
Scientific Technician/Technologist
Social Worker
Sylviculturist
Technical Publications Writer
Urban Planner (including Geographer)
Vocational Counselor

Medical/Allied Profession

Dentist
Dietitian
Medical Technologist
Nutritionist
Occupational Therapist
Pharmacist
Physician (teaching or research only)
Physiotherapist/Physical Therapist
Psychologist
Recreational Therapist
Registered Nurse
Veterinarian

Scientist

Agriculturalist (including Agronomist)
Animal Breeder
Animal Scientist
Apiculturist
Astronomer
Biochemist
Biologist
Chemist
Dairy Scientist
Entomologist
Epidemiologist
Geneticist
Geologist
Geochemist
Geophysicist (including Oceanographer)
Horticulturalist
Meteorologist
Pharmacologist
Physicist
Plant Breeder
Poultry Scientist
Soil Scientist
Zoologist

Teacher

Teachers at post-secondary level institutions including College, Seminary, and University

Requirements for Professionals

Professionals are eligible for an employment authorization under NAFTA if they have pre-arranged employment with a Canadian enterprise in one of the above listed professions and are qualified in that profession. The following information must be provided:

  • the proposed employer(s) in Canada
  • the profession (including position title and duties) under which you are seeking entry
  • the purpose of entry
  • the anticipated length of stay
  • the educational qualifications or alternative credentials required to perform the job
  • the arrangements for remuneration of services to be rendered

Generally, a letter from the U.S. employer, a letter from the contracting Canadian enterprise, and a copy of all relevant educational qualifications should be presented.

Length of Stay

The length of stay for professionals is not limited. However, the situation must continue to be "temporary", i.e. the individual should plan to return to the U.S. and not be planning on remaining in Canada indefinitely. Professionals that qualify for temporary entry under NAFTA will be issued an employment authorization with a maximum duration of one year. Extensions may then be granted in one year increments.

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Implications and Considerations for U.S. Business

The governments of the NAFTA countries have recognized that it is necessary to provide more liberal movement of people across the borders within North America in order for the benefits of NAFTA to be realized. In order to facilitate this, these provisions on the temporary entry of people were developed. However, it does not mean that there are no controls and it is essential that all U.S. business persons traveling to Canada be able to provide documentation describing the nature and purpose of their trip to Canada in order to avoid difficulties at the border.

Canadian Consulate Providing NAFTA Service in Minnesota

Canadian Consulate General
701 S. Fourth Ave., Suite 900
Minneapolis, MN 55415
Tel: 612-333-4641
Fax: 612-332-4061
Hours: 8:30a.m. to 5p.m.
Closed Saturday and Sunday

Contact the United States Commercial Service!

CS offices in Canada can be contacted at the following telephone numbers:

CS Halifax - (902) 429-2482
CS Quebec - (418) 692-2087
CS Montreal - (514) 398-0673
CS Ottawa - (613) 688-5217
CS Toronto - (416) 595-5414
CS Calgary - (403) 265-2116
CS Vancouver - (604) 685-3382

CS Canada is also on the Vancouver Internet - http://www.usatrade.gov/canada

For more information, please refer to the Canadian Customs and Revenue Website.

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Mexico

Visa Under NAFTA

The FMN is the Mexican travel document for U.S. and Canadian Citizens, used for those considered under NAFTA as "business, visitors, traders and/or investors, intra-company transferees, and professionals."

The FMN is a permit to enter Mexico and allows a stay for up to 30 days. This entry permit may be obtained at Mexican Embassies and Consulates with the United States or at the port of entry with immigration officers. There is no fee for this permit.

Requirements

  1. Must present any of the following documents:
    • Valid passport
    • Original birth certificate plus photo identification
  2. Proof that traveler is engaging in international business activities with Mexico and will receive remuneration from the United States. Generally, a letter from the U.S. employer can satisfy this requirement. In addition, a letter from the Mexican company stating the necessity of a specialized technician/professional for specific type of work, addressed to the US company would also be helpful. The American company should also provide a letter stating the name of the technician and length of time he/she will be working in Mexico.

If the traveler wants to stay in Mexico over the authorized period of 30 days, the FMN form must be replace with an FM-3 form at the National Institute for Immigration. The FM-3 is valid for a period up to one year, for multiple entries, and may be extended.