CANADA to U.S.A.

Overview

Canada certainly benefits from its close proximity to the U.S. Canadian citizens can enter the United States without a visa; so can many Canadian permanent residents, depending on what country they have immigrated from. In terms of access to huge and diverse markets, Canada is ideal. Additionally, thanks to economic agreements such as North American Free Trade Agreement (NAFTA), citizens and permanent residents of Canada enjoy the rewards and benefits of mutual economic interrelation.

Canada - U.S. NAFTA

The North American Free Trade Agreement aims to abolish trade barriers and other tariffs between Canada, the U.S. and Mexico. As such, NAFTA allows certain Canadian citizens increased access to the United States and Mexico in order to sell, trade, provide goods and services and invest. The agreement eases the temporary entry (that is - entry without the intent of establishing permanent residence) of business people into the U.S.
The term "business person" has four specific divisions:

1. Business Visitors
2. Professionals
3. Intra-Company Transferees
4. Traders and Investors

Under NAFTA, all business persons are exempt from the necessity to obtain validation of an offer of employment.

1. Business Visitors:
The agreement removes the requirement of an employment authorization for business visitors. A business visitor is someone who is engaged in international trade of goods and services or investment activities. A business visitor may enter the U.S. to buy goods, take orders for goods shipped from abroad, attend meetings or trade shows, or negotiate contracts. However, the source of any remuneration (salary, commission, etc.) must be from outside the United States.

2. Professionals:
Professionals are those business persons who enter to provide pre-arranged professional services, as a salaried employee of an American enterprise, or through the contract between the Canadian employer of the professional and an American enterprise. Professionals must enter to provide services in the field for which they are qualified.
Professionals are required to have an employment authorization when entering the U.S.; however, NAFTA expedites the application process by allowing the issuing of this authorization at the port of entry.
Professionals include: Accountants, Architects, Computer Systems Analysts, Disaster Relief Insurance Claims Adjusters, Economists, Engineers, Foresters, Graphic Designers, Hotel Managers, Industrial Designers, Interior Designers, Land Surveyors, Landscape Architects, Lawyers, Librarians, Management Consultants, Mathematicians, Range Managers, Research Assistants, Scientific Technicians/Technologists, Social Workers, Sylviculturalists, Technical Publications Writers, Urban Planners, Vocational Counsellors. Also: Dentists, Dietitians, Medical Lab. Technologists, Nutritionists, Occupational Therapists, Pharmacists, Physicians, Physiotherapists, Psychologists, Recreational Therapists, Registered Nurses, Veterinarians, Agriculturists, Animal Breeders, Animal Scientists, Apiculturists, Astronomers, Biochemists, Biologists, Chemists, Dairy Scientists, Entomologists, Epidemiologists, Geneticists, Geologists, Geochemists, Geophysicists, Horticulturists, Meteorologists, Pharmacologists, Plant Breeders, Poultry Scientists, Soil Scientists, Zoologists, College Teachers, Seminary Teachers, University Teachers.

3. Intra-Company Transferees:
Intra-company transferees are those who are employed by a Canadian enterprise in a managerial or executive capacity or in some other capacity requiring specialized knowledge. They are being transferred to the American enterprise that is the parent, branch, subsidiary, or affiliate of the Canadian enterprise, in order to provide services in the same capacity. Intra-company transferees must have had continuous employment in the enterprise, in a similar capacity, for at least one year in the previous three-year period.
Intra-company employees are exempt from job validation but require an employment authorization (available at the port of entry).

4. Traders and Investors:
Traders: persons whose activities involve substantial trade of goods and services, and who occupy a supervisory or executive position.
Investors: those who are making a substantial investment; if an employee, s/he must occupy an executive or supervisory position. The investor or his/her enterprise must be of Canadian citizenship or nationality. In other words, the enterprise must have at least 50% Canadian ownership.
Investors are seeking temporary entry solely to develop and direct operations of an enterprise in which the applicant has invested or is actively in the process of investing.