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NAFTA Intracompany Transferees

  

  

Requirements to NAFTA Intracompany Transferees

To qualify as a NAFTA/CCFTA Intra-Company Transferee Visitor the following conditions have to be met by individual and/or business he/she represents:

  • citizenship of the United States, Mexico or Chile;

  • employment in an executive or managerial capacity or one involving "specialized knowledge";

  • enterprises in the United States, Mexico, Chile and Canada have a parent, branch, subsidiary, or affiliate relationship;

  • continuous employment, in a similar position, for one year in the previous three-year period, and

  • compliance with existing immigration requirements for temporary entry.

Duration of entry for Intracompany Transferees

An employment authorization issued at the time of the entry can have a maximum of three years. However, individuals admitted to Canada to open an office or to be employed in a new office should be issued an initial authorization to a maximum of one year. Extensions can be granted for duration of up to two years, if the person continues to comply with the requirements for Intra-Company Transferees. The category of Intra-Company Transferees is the only NAFTA category with a limit of the total duration of employment. The total period of stay for a person employed in an executive or managerial capacity may not exceed seven years. The total period of stay for a person employed in a position requiring specialized knowledge may not exceed five years.

  

Distinction between NAFTA and CCFTA

Unlike NAFTA - which is a tri-partite agreement among Canada, Mexico and the United States, the CCFTA is a bi-lateral agreement between Canada and Chile only. Even though much of the CCFTA is modeled after NAFTA, the CCFTA is not binding upon the United States or Mexico. Thus, citizens of Chile should not presume that any of the rights and privileges granted to them under the CCFTA will apply with respect to the United States or Mexico. Similarly, citizens of the United States and Mexico should not presume that any of the rights and privileges granted to them under NAFTA will apply with respect to Chile.

  

  

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