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Home > Library > NAFTA Intracompany Transferees |
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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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