Presentation on Immigration Law

Package of Related Information and Documents
Presentation on Immigration Law
October 10, 2013
Presenters:
Evelyn Ackah
Robyn Smith
Attendees:
HR Sourcing Team
Client’s Goals:
1.
A solid understanding of the various steps in the LMO process
2.
What pieces of the process are the Organization’s
3.
What pieces of the process are Ackah Business Immigration Law’s

1105, 550 11 Avenue SW, Calgary, AB T2R 1M7 | T 403 452 9515 | C 403 617 8047 | F 403 452 9514 | evelyn@ackahlaw.com | www.ackahlaw.com

Page 1 of 17

CROSS-BORDER BUSINESS IMMIGRATION LAW & GUIDELINES
The following guidelines are meant to ensure that the organization’s and its employees are compliant with immigration laws in both Canada and the United States. Failure to
comply with immigration rules may have far reaching results including:
•
•
•
•

Delays at the border
Disruption of business activities
Employee is categorized as a “red flag” by immigration officials or is barred from entering Canada/US for several years
Potential personal and corporate liability

It should be noted that this document is not all encompassing. Immigration law is governed by a web of statutes, regulations, policies, and programs. Significant discretion of
immigration officers often leads to inconsistencies in how these laws are applied. Organization’s utilizes the services of Ackah Business Immigration Law to provide legal advice
and immigration strategies for employees.
The following outlines the primary types of visas/permits or documents that can be obtained for employees crossing the border for business purposes:
Business Visitor Status (B1/NAFTA Business Visitor)
1.
Available to all employees - intended for short-term entry for meetings, training, conferences, or limited sales activity only.
Requirements
•
Must leave the US/Canada when business is completed
•
Must be compensated from source outside the US/Canada
•
Must not be engaged in a “work” activity (this includes managing employees)
How to obtain business visitor status:
1.
Show up at the port-of-entry and state the purpose of your visit: it is recommended that employees review the accompanying memo for port-of-entry tips.
2.
Carry with you a Business Visitor employer letter: it is recommended by our immigration counsel that employees always travel with an employer letter as it
lends credibility to your verbal statements should you run into difficulty with an immigration officer. Please see the US or Canada Business Visitor letter
template for which to prepare this document.

Main procedural step:
Initial duration of status:
Total time-limit on the category:
Processing time:
Major advantage:
Major disadvantage:

B-1/NAFTA Business Visitor at a Glance
No work permit needed; no prior application
Duration of visit should be short - few days up to a few weeks. If longer visits are necessary, the necessity for the visit will
need to be properly documented. The maximum duration for a visit under the business visitor category is 6 months
Although there is no time cap for the total amount of time allowed for business visitors, this category is intended for short
visits to facilitate business travel. The longest amount of time allowed in a single visit is up to 6 months
Generally instant approval at port of entry by first line officer
Quick; limited paperwork
Limits the type of business that can be done


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Employees who are crossing the border to perform actual work activities or are directly entering the US/Canada labour market, must obtain one of the following work
visas/permits prior to entry. With the approval of your Manager or Director, please contact your HR Support Team to initiate the process for obtaining a work visa/permit. The
costs for utilizing the services of Ackah Business Immigration Law will be borne by the business unit.
If you are unsure as to whether your business activities constitute “work”, please contact your HR Support Team to have our immigration lawyers review your description of
activities and provide counsel on an appropriate cross-border strategy.
1.

TN Visa/NAFTA Professionals Category

To qualify for TN Visa/NAFTA Professional work permit, you must be coming to the US/Canada to work in one of the professions listed in NAFTA (such as an accountant, engineer
or computer systems analyst). Most of these professions require a bachelor’s degree. Note that “Manager” or “Director” are not eligible positions (see intra-company
transferees).
Requirements
•
Must meet educational or experience criteria
•
Must be exercising the skills of the profession
•
Must have proof of engagement in foreign country and provide documentation of remuneration arrangements
•
Employment must be temporary
TN Visa/NAFTA Professionals Category at a Glance

Apply at port-of-entry only


Usually 1 to 3 years at a time - renewable


No cap on number of renewals

Processing time:

1 to 2 hours at port of entry (need 2 – 3 weeks for preparation of
paperwork by immigration counsel)

Major advantage:

Fairly quick process

Major disadvantage:

Must meet criteria; frequent renewals may be required


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2.

Intra-Company Transferee (L-1 Visa/NAFTA Intra-Company Transferees)

To qualify for the L- 1/ICT, you must hold a position at an “executive” or “managerial” level, or have proven “specialized knowledge”.
Requirements
•
Employee must have held an executive or managerial position, or one requiring specialized knowledge within the organization, for one full year within the three years
immediately preceding application date
•
Employee must have the intent and qualifications to immediately perform similar executive, managerial, or specialized knowledge functions at the location abroad
•
Both the employee and the employer must intend for the transfer to be temporary
Executives must: direct the management or major component or function of the organization; establish goals and policies of the organization, component or function; exercise
wide latitude and discretionary decision making; and receive only general supervision or direction from higher level executives, the board of directors, or stockholders.
Managers must: manage the organization, department or function; supervise and control the work of managers, supervisors or professional employees; possess authority to
hire and terminate, or recommend these and other personnel actions; function at a senior level within the organization hierarchy; and exercise discretion over the day to day
operations or function for with the employee has authority.
Functional managers who do not manage staff must: manage an essential function in the company; provide indispensable or important service to achieving organizational
goals; and provide coordination and guidance to other managers, have responsibility over assets or sales, and direct the work of subcontracted firms. Junior management
positions are excluded. A first line supervisor is not considered to be acting in a managerial capacity unless the employees who are being supervised are professionals.
Specialized knowledge workers must: possess knowledge that is valuable to the employer’s competitiveness in the market place and that is acquired through extensive prior
experience with the organization; be uniquely qualified to contribute to the organizations ’knowledge of foreign operating conditions; and be viewed as a key employee abroad
with unique expertise, and worked on significant assignments which have enhanced the organizations’ productivity, competitiveness, image, or financial position.

Processing time:
Major advantage:
Major disadvantage:

L-1/NAFTA Intra-Company Transferees at a Glance
Depending on circumstances, may send application to USCIS/CIC first or apply at port of entry
1 to 3 years – renewable
Seven year time cap for executives or managers; five year time cap for specialized knowledge workers
If port of entry application – 1 to 2 hours
If application is submitted to INS/CIC, can take several weeks/months depending on circumstances
Can be utilized for long term permits
Eventual time cap; significant paperwork

Employees who do not fit into these NAFTA categories may still be eligible to work in the US/Canada, however, in these situations it tends to be more difficult to obtain
approvals and is more costly and time consuming. Our immigration lawyers may be able to provide other immigration strategies based on these circumstances.


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CANADA IMMIGRATION GUIDELINES under NAFTA
All employees required to work in CANADA need to be aware of the following requirements to enter CANADA. If you are in doubt as to whether you require a visa, please
contact your immigration advisors well in advance of your trip to verify what is required. If an employee is denied entry to CANADA, it is difficult to have the decision reversed.
Employees should be aware that even with proper documentation, entry in to CANADA is NOT guaranteed. Canadian Immigration has authority to deny admission. Being
denied entry may make it more difficult for you to gain entry in the future. It may also increase scrutiny of other travelers from your employer company. It is very important
that you be completely honest when answering any questions put to you by Canadian Immigration officials.
NAFTA
Professional
Work Permit

NAFTA has an extensive list of
what they define as
professionals: i.e., engineers,
chemists, management
consultants, etc.
To perform work of a
professional nature

Most (but not all) NAFTA positions require a bachelor’s degree

Intra-Company
Transferees
NAFTA or NonNAFTA

To work in Canada for
temporary period of time.
To be able to provide active
hands-on employment duties
while in Canada

A work permit is required for anyone engaged in work in
Canada. It can either be pursuant to specialized knowledge or
managerial/executive worker category
−
must have worked at least 1 year with foreign related
company within the three-year period immediately preceding
the date of application
−
must provide position description, salary information,
position title and reporting structure
−
evidence of management or executive duties in previous
role prior to transfer, or
−
evidence of specialized knowledge
Comprehensive description of the relationship between the
Canadian and US company

Employee letter with salary
information, must also indicate the
purpose of entry, and anticipated
length of stay
Copy of Degree/Proof of Graduation
Proof of Citizenship must be
American or Mexican to qualify
pursuant to NAFTA
Position description
CDN$150 processing fee
Letter from Canadian and foreign
related corporations
Legal submission letter
Copies of educational qualifications
Corporate materials to prove
corporate relationship
Proof of Citizenship
CDN$150 processing fee

One year period
There is no limit on the number of extensions but
officers must be satisfied that the employment is
still “temporary” and that there is no immigrant
intent. Applicant must overcome this burden by
explaining reasons for extension

Work permits can be issued at the port of entry
for terms of 1-3 years initially and can be
extended for up to two years if they continue to
meet the requirements of the intra-company
transfer category
Total period of stay for an employee in an
executive or managerial capacity may not exceed
7 years
The total period of stay for a person employed in a
specialized knowledge capacity may not exceed 5
years
25% Rule:
Intra-Company transferees are not necessarily
required to re-locate to Canada. However, to be
eligible for this category, they must spend at least
25% of their work time in Canada

US IMMIGRATION GUIDELINES under NAFTA
All employees required to work in the US need to be aware of the following requirements to enter the UNITED STATES. To ensure you have the proper documents, please
contact your immigration advisors well in advance of your trip. If an employee is denied entry to the UNITED STATES, it is difficult to have the decision reversed.
Employees should be aware that even with proper documentation, this does not guarantee entry to the US. The US Customs and Border Protection (CBP) officials have authority
to deny admission. Being denied entry may make it more difficult for you to gain entry in the future. It may also increase scrutiny of travelers from your employer company. It
is very important that you be completely honest when answering any questions put to you by US Immigration officials.


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TYPE OF VISA
B-1 – Business
Visitor under
NAFTA

PURPOSE OF TRAVEL
Business activities of a
commercial nature which are
international (cross-border) in
scope (i.e., attending internal
meetings with internal
colleagues or external client
meetings – this cannot include
engaging in active hands-on
duties that amount to “work”)
To perform work of a
professional nature
To work in the US for a US
company. Typically for
professionals who have been
with the company less than one
year or the work term is for one
year or less

REQUIREMENTS TO BE MET
The travel is for a specific, limited period of time
Must indicate that all expenses will be borne by
the Company
A residence is maintained outside the US and the
traveler will return to that location at the end of
the trip

L1-A – IntraCompany Transfer
(Management /
Executive)

Specifically for executives and
managers working for company
in Canada, who are required to
perform services on behalf of
the Corporation’s US office

L1-B – IntraCompany Transfer
(Specialized
Knowledge)

Specifically for specialized
knowledge employees working
with company in Canada, who
are required to perform services
on behalf of the Corporation’s
US office

Must have been employed with head office for at
least one year within the three year period
immediately preceding the date of application.
− position description
− salary information
− position title
− reporting structure
evidence of managerial or executive duties in
previous position prior to transfer
Specialized knowledge in the area of the
employer’s product or its application in the
market or an advanced level of the knowledge of
the employer’s processes and procedures

TN Visa – NAFTA
Professional

Must be a professional as designated on the
NAFTA Professionals List
Most, but not all NAFTA positions require a
bachelor’s degree
Must possess the specific criteria for that
profession

DOCUMENTATION REQUIRED
Letter of introduction on company letterhead.
Manager or traveler to provide details
regarding the purpose of the trip, length of
stay etc.
Letter from employer
Proof of Citizenship
Sometimes recommend carrying copy of
resume and corporate materials – like annual
report
Company letter and a filing fee ($50 USD)
Original copy of Degree/Diploma or Proof of
Graduation
Employer letter with salary information
Proof of Citizenship, must be Canadian or
Mexican to qualify pursuant to NAFTA

Filing fee ($325 USD)
Fraud prevention fee ($500 USD)
Passport
Letter from US company
Copies of any educational qualifications
Corporate materials to prove corporate
relationship
Filing fee ($325 USD)
Fraud prevention fee ($500 USD)
Passport
Letter from US company
Copies of any educational qualifications
Corporate materials to prove corporate
relationship and a Position description

VALID FOR
Duration of short-term
business activities
However, can be used for
longer trips or
periodic/frequent visits if the
letter provides a reasonable
justification

Three Years
There is no limit but officers
must be satisfied that the
employment is still temporary
and that there is no
immigrant intent. Applicant
must overcome this burden
by explaining reasons for
extended TN Visa
Work permits can be issued at
the port of entry for 1-3 years
initially and can be extended
for a total term of seven years

L-1B can be issued at port of
entry initially for 1-3 years
and can be extended for a
maximum term of 5 years

List of Frequently Used Canadian Immigration Law Terms


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Application package

A package including all forms, supporting documents and information needed to fill out applications for visas, permanent
residence and citizenship. It is sometimes referred to as an “application kit.”
Arranged employment
Arranged employment is when you have a permanent job offer from a Canadian employer that has been approved by Human
Resources and Skills Development Canada. This job offer can improve your chances of having a federal skilled worker
application approved.
Border services officer
Officers of the Canada Border Services Agency (CBSA), a federal government agency, who have the legal authority to decide
who can enter and remain in Canada. These officers have many of the same powers as police officers, including the right to
conduct searches, make arrests, and seize documents or goods.
Bridge extension
A bridge extension with a maximum validity of 90 days may be issued to applicants when the study permit is due to expire
and a diploma or official final transcript of marks are not yet available. The bridge extension is used to obtain a postgraduation work permit while you are waiting to receive your final marks from the educational institution you attended.
Related term: Business traveller
A person who:
Business visitor
•
comes to Canada to take part in international business or trade activities,
•
has no intent to enter the Canadian labour market, and
•
works for and is paid by a company outside Canada or by a foreign government.
Canadian citizen
A person described as a citizen under the Citizenship Act. This means a person who:
•
is Canadian by birth (either born in Canada or born outside Canada to a Canadian citizen who was themselves
either born in Canada or granted citizenship) or
•
has applied for a grant of citizenship and has received Canadian citizenship(naturalization).
Canadian Experience Class
An immigration category that allows temporary foreign workers or recently graduated international students working in
Canada to apply for permanent residence.
Case Processing Centre (CPC)
A CIC office in Canada that receives citizenship and immigration applications. There are CPCs in Sydney (Nova Scotia),
Mississauga (Ontario) and Vegreville (Alberta). They are not open to the public.
Certificate of nomination
Related term: Nomination certificate
A certificate issued by a province or territory that recommends a foreign national for permanent residence under
the Provincial Nominee Program.
Client Identification Number
A Client Identification Number (Client ID), also referred to as a Unique Client Identifier Number (UCI), can be found on any
official document issued by a Citizenship and Immigration Canada office, Case Processing Centre or a Canadian visa office
outside Canada.
A Client ID consists of four numbers, a hyphen (-) and four (4) more numbers (example: 0000-0000).
A person who has never dealt with Citizenship and Immigration Canada before will not have a Client Identification Number.
Common-law partner
Related term: Common-law spouse
A person who has been living with another person in a conjugal relationship for at least one year. The term refers to oppositesex and same-sex relationships.
Consulate
Related term: Mission
A Government of Canada office, located in a major city other than a national capital, which provides services to Canadian
citizens abroad. It may or may not provide immigration services.
See Visa office, High commission, Embassy.
Co-op/Internship
Foreign students who wish to participate in a co-op or internship program in a Canadian institution must apply for a work
Work Permit
permit as well as a study permit. To be eligible for the co-op/internship work permit program, you must meet the following
conditions:
•
You must have a valid study permit or apply for the work permit in conjunction with a study permit.
•
Your intended employment must be an essential and integral part of your program of study in Canada.
•
Your employment must be certified as part of your academic program, by a letter from a responsible
Page 7 of 17
academic official of the institution.
•
Your co-op or internship employment cannot form more than 50 percent of the total program of study.
Country of nationality
• Your country of nationality is your country of citizenship.


Page 8 of 17

Level of study

There are five levels of study for foreign students in Canada. They are:
• Universities: Offer degree-granting programs at the undergraduate (bachelor’s) graduate (master’s), and postgraduate
(doctoral, post-doctoral) levels, and may also offer programs leading to certificates or diplomas in various academic
disciplines.
• Colleges: Offer academic or professional training programs leading to diplomas or certificates (includes CEGEPs in
Quebec, which is generally mandatory before attending university).
• Trade: Non-university educational institutions in Canada that offer vocational trades and/or technical programs (such as
vocational institutions, or private career colleges).
• Other post-secondary: Post-secondary studies that are not undertaken at university, college or trade school. This
includes studies at language institutions and private institutions, and in university qualifying programs.
• Secondary or less: Includes primary and secondary schools in Canada.
• Other: Studies that cannot be classified at any of the above levels of study.

Medical inadmissibility

National Occupational
Classification (NOC)

North American Free Trade
Agreement (NAFTA)

When a person is not allowed to enter Canada for health-related reasons. For instance, the person might:
•
pose a danger to public health,
•
pose a danger to public safety or
•
place excessive demand on health or social services.
•
The National Occupation Classification (NOC) is a list of all the occupations in the Canadian labor market. It describes
each job according to skill type and skill level. The NOC is used to collect and organize job statistics and to provide labour
market information. It is also used
as a basis for certain immigration requirements.
Related term: Intra-company transferee
An agreement between Canada, the United States and Mexico. Under it, citizens of each country can enter the other more
easily for business.
NAFTA applies to four types of business people:
• business visitors,
• professionals,


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Permanent resident
Permanent resident card
Permanent resident status
Permanent resident visa
Police certificate

Port of entry
Post-graduation work permit

Proof of citizenship
Provincial Nominee Program
Provincial or territorial
nominee

• people transferred within a company to work in Canada, and
• traders and investors.
The visa category "Professionals Under the North American Free Trade Agreement" (also known as a TN Visa) is available only
to citizens of Canada and Mexico, under the terms of the North American Free Trade Agreement (NAFTA).
Qualifications for a "TN" visa - A citizen of a NAFTA country may work in a professional occupation in the U.S. provided:
• the profession is recognized under NAFTA; and
• the alien possesses the specific criteria for that profession; and
• the prospective position requires someone in that professional capacity; and
• the alien is going to work for a U.S. employer.
If all of these conditions are met, then a TN may be issued.
Note: Spouses and unmarried, minor children of principal aliens are entitled to a derivative status visa, but they are unable to
accept employment in the United States. Aliens entering under this classification are considered non-immigrants and granted
TD visa status.
Related terms: Landed immigrant / PR
A person who has legally immigrated to Canada but is not yet a Canadian citizen.
For a more detailed definition, see the legal definition of permanent resident.
Related terms: Maple leaf card/PR card
A wallet-sized plastic document issued to all new permanent residents (and to existing permanent residents, when requested)
to confirm their status in Canada. The card includes identifying details and the signature of the person it was issued to.
The position of a person who has legally immigrated to Canada but is not yet a Canadian citizen.
A document issued by a CIC visa office overseas to a foreign national. It allows that person to travel to Canada to become a
permanent resident.
Related terms: Police clearance certificate / Certificate of good conduct/ Judicial record extract
An official copy of a person’s criminal record, or a declaration that they do not have a criminal record. Police authorities or
government departments issue such certificates. Authorities use them to confirm whether visa applicants are criminally
inadmissible.
See Background check, Medical examination.
A place where a person may seek entry into Canada, such as at an airport, land or marine border crossing.
A document issued by CIC to eligible foreign students who have:
•
graduated from an approved program of study at an eligible post-secondary institution in Canada that is
participating in
the Post-Graduation Work Permit Program
•
applied to CIC within 90 days of completing all degree or program requirements.
It allows the bearer to work legally in Canada after completing studies
Related terms: Citizenship card / Citizenship status / Clarification of status/ Confirmation of status/ Citizenship certificate
A document issued by the Government of Canada that confirms a person’s status as a Canadian citizen.
See certificate of Canadian citizenship.
A program that allows provinces and territories to nominate candidates for immigration to Canada.
Someone who is nominated for immigration to Canada by a provincial or territorial government that has a Provincial Nominee
Program. Nominees have the skills, education and work experience needed to make an immediate economic contribution to
the province or territory that nominates them.


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Skill level
Skilled worker
Temporary resident
Temporary resident
documents
Temporary resident permit

Temporary resident visa

U.S. passport card
Visa

Visa application centre

Visa officer
Visitor visa

To be eligible for the Federal Skilled Worker Class and Canadian Experience Class, foreign workers must have work experience
at specified skill levels. Skill levels for occupations come from the National Occupational Classification (NOC) system. They are
classified by type of work and training required to be proficient.
See Federal skilled worker.
Related terms: Visitor / Tourist
Status of a foreign national who is in Canada legally for a short period. Temporary residents include students, temporary
foreign workers and visitors, such as tourists. See temporary resident visa.
Documents issued to allow a person to visit, work in or study in Canada for a specific period. Temporary resident documents
have an expiry date.
Examples of temporary resident documents are study permits, work permits and visitor records.
A permit that may be granted in exceptional circumstances to a person who does not meet the requirements of Canada’s
immigration law to enter or remain temporarily in Canada.
Related term: Tourist visa
An official counterfoil document issued by a visa office abroad that is placed in a person’s passport to show that he or she has
met the requirements for admission to Canada as a temporary resident (a visitor, student or worker). A counterfoil is a
specially designed sticker on which missions abroad print visa information.
Informally known as a visitor or tourist visa, the TRV may be issued for single or multiple entries to Canada.
See Multiple-entry visa, Single-entry visa, Visitor visa.
A wallet-sized travel document that U.S. citizens can use to enter the U.S. from Canada, Mexico, the Caribbean or Bermuda at
land border crossings or sea ports of entry.
An official counterfoil document issued by a visa office abroad that is placed in a person’s passport to show that he or she has
met the requirements for admission to Canada as a temporary resident (a visitor, student or worker). A counterfoil is a
specially designed sticker on which missions abroad print visa information.
Canadian visas include:
•
temporary resident visas (sometimes called visitor visas) and
•
permanent resident visas.
At missions abroad, controlled documents are comprised of counterfoils and seals, which are issued together as a visa.
Counterfoils are the documents on which missions print visa information. Seals are documents that are affixed over
counterfoils when they are placed in an applicant’s passport to prevent tampering.
Visa application centres (VACs) provide administrative support services to applicants related to the submission of their
application. The primary role of VACs is to receive visa applications, ensure they are complete, and to securely transmit these
to the respective visa offices for processing.
VACs are useful in countries or regions where there are few or no visa offices. They play no role in the decision-making
process and are expressly forbidden to provide any visa-related advice to applicants. All decisions on applications are made
by visa officers at the visa office. VACs also do not represent the Government of Canada.
A person designated by the Minister to assess and make decisions on temporary or permanent residence applications
presented by foreign nationals.
Related term: Tourist visa

Informal term for a temporary resident visa.


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
See Multiple-entry visa, Single-entry visa, Temporary resident visa.
A document issued by CIC that authorizes a person to work legally in Canada. It sets out conditions for the worker such as:
•
the type of work they can do,
•
the employer they can work for,
•
where they can work, and
•
how long they can work.

Work permit

THE NAFTA PROFESSIONS LIST OF 66+
The following professions are covered by Appendix 1603.D.1 of the North American Free Trade Agreement.
Professions Covered by NAFTA
Profession1

Minimum Education Requirements or Alternative Credentials

General
Accountant

Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.

Architect

Baccalaureate or Licenciatura Degree; or state/provincial license 2

Computer Systems Analyst

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma 3 or Post-Secondary
Certificate4, and three years experience

Disaster Relief Insurance Claims Adjuster (claims Adjuster
Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate
employed by an insurance company located in the territory of areas of insurance adjustment pertaining to disaster relief claims; or three years experience in
a Party, or an independent claims adjuster)
claims adjustment and successful completion of training in the appropriate areas of insurance
adjustment pertaining to disaster relief claims
Economist

Baccalaureate or Licenciatura Degree

Engineer

Baccalaureate or Licenciatura Degree; or state/provincial license

Forester


Graphic Designer

Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary
Certificate, and three years experience

Hotel Manager

Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary
Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years
experience in hotel/restaurant management

Industrial Designer



Page 12 of 17

Interior Designer


Land Surveyor

Baccalaureate or Licenciatura Degree; or state/provincial/federal license

Landscape Architect


Lawyer (including Notary in the Province of Quebec)

LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (5 years); or membership in state/provincial bar

Librarian

M.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)

Management Consultant

Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by
statement or professional credential attesting to five years experience as a management
consultant, or five years experience in a field of specialty related to the consulting agreement

Mathematician (including Statistician)


Range Manager/Range Conservationalist


Research Assistant (working in a post-secondary educational
institution)


Scientific Technician/Technologist5

Possession of:
(a) a theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy,
biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and
(b) the ability to solve practical problems in any of those disciplines, or the ability to apply
principles of any of those disciplines to basic or applied research

Social Worker


Sylviculturist (including Forestry Specialist)


Technical Publications Writer


Urban Planner (including Geographer)


Vocational Counsellor


Medical/Allied Professional
Dentist

D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license

Dietitian


Medical Laboratory Technologist (Canada)/Medical
Technologist (Mexico and the United States)6


Nutritionist


Occupational Therapist


Pharmacist


Physician (teaching or research only)

M.D. or Doctor en Medicina; or state/provincial license

Physiotherapist/Physical Therapist



Page 13 of 17

Psychologist

State/provincial license; or Licenciatura Degree

Recreational Therapist


Registered Nurse

State/provincial license; or Licenciatura Degree

Veterinarian

D.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license

Scientist
Agriculturist (including Agronomist)


Animal Breeder


Animal Scientist


Apiculturist


Astronomer


Biochemist


Biologist


Chemist


Dairy Scientist


Entomologist


Epidemiologist


Geneticist


Geologist


Geochemist


Geophysicist (including Oceanographer in Mexico and the US)


Horticulturist


Meteorologist


Pharmacologist


Physicist (including Oceanographer in Canada)


Plant Breeder


Poultry Scientist


Soil Scientist


Zoologist


Teacher
College


Seminary


University


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NEXT STEPS FOR THE ORGANIZTION TO CONSIDER FOR EMPLOYEES THEY WOULD LIKE TO KEEP
– TO OBTAIN PERMANENT RESIDENCY
POST-GRADUATE WORK PERMIT PROGRAM
The PGWPP allows students who have graduated from a participating Canadian post-secondary institution to gain valuable Canadian work
experience. Skilled Canadian work experience gained through the PGWPP helps graduates qualify for permanent residence in Canada. A work
permit under the PGWPP may be issued for the length of the study program, up to a maximum of three years. A post-graduation work permit
cannot be valid for longer than the student’s study program, and the study program must be a minimum of eight months in length.

INTERNATIONAL EXPERIENCE CLASS
International Experience Canada negotiates bilateral reciprocal arrangements and agreements with countries around the world to offer travel
authorization and temporary work permits for up to one year. The IEC allows applicants to come to Canada and obtain a work permit in 3 ways.
1. Working Holiday
2. Young Professionals
3. International Co-op (Internship)

CANADIAN EXPERIENCE CLASS
To be eligible under this Federal Program you must have at least 12 months of full-time, or an equal amount in part-time, skilled work experience.
Full-time work means at least 30 hours of paid work per week. You need to meet these requirements to apply under the Canadian Experience
Class:
• plan to live outside the province of Quebec
• have at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada in the three years before you apply,
• have gained your experience in Canada with the proper authorization
• meet the required language levels needed for your job for each language ability (speaking, reading, writing, and listening).


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FEDERAL SKILLED WORKER
To be eligible under this Federal Program you must have at least 12 months of full time, or an equal amount in part-time:
in a single occupation
+
within the last 10 years
+
at skill type 0, A or B of the 2011 edition of the Canadian National
Occupational Classification (NOC) AND
1. have this work experience in one of the eligible occupations, OR
2. have a valid offer of arranged employment, OR
3. are an international student enrolled in a PhD program in Canada (or graduated from a Canadian PhD program within the past 12 months.


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AINP UPDATE (Alberta Immigrant Nominee Program)
In Fall of 2013 the Government of Alberta made changes to this program in response to the diverse labour needs of this Province.
Changes give workers who are already living here and contributing to Alberta, more options to apply to become PRs. The 2 categories that are most relevant to the
organization are:
1. the Alberta Work Experience (AWE) Category
AWE Eligible Occupations list now expanded to include the following that may be relevant to the organization:
Most occupations in the National Occupational Classification (NOC) skill levels 0, A, B, and C are now eligible, including Optional Trades.
Select occupations in NOC skill level D are also now eligible; these include:
Construction Trades Helpers and Labourers (NOC 7611) / Other Trades Helpers and Labourers (NOC 7612)
Light Duty Cleaners (NOC 6661)* / Specialized Cleaners (NOC 6662)*
Janitors, Caretakers and Building Superintendents (NOC 6663)*
2. the Post-Graduate category
As a Candidate, you must:
• Clearly show in the application that you are able to and intend to live permanently in Alberta.
• Be working full-time in Alberta, at the time of application, for the Alberta employer who is supporting your AINP application.
• The occupation in your permanent, full-time job offer from your Alberta employer and the occupation you are performing for that employer must be the same
occupation. This occupation must also fall under one of the following National Occupational Classification (NOC) skill levels:
NOC 0: Management occupations / NOC A: Occupations that usually require university education.
NOC B: Occupations that usually require college education / NOC C: Occupations that usually require specific training and/or secondary education. Please
note, only candidates working in a NOC C occupation, must complete a designated language test with scores that meet language requirements. More details are listed
below. Some occupations are not eligible for consideration under the AINP. Please review the list of ineligible occupations (updated September 27, 2013). If your
occupation is on this list, you are not eligible to apply to the AINP under this category.
• Have obtained a certificate, diploma, degree, or have completed a graduate level program from a publicly funded community college, trade/technical school
or university in Alberta or Canada, or at a private institution in Alberta authorized by provincial statute to confer degrees.
AWE Post-Graduate – Note that some NOCs are not eligible to apply under this category if the candidate is currently working in:
• a NOC skill level D occupation. All NOC skill level D occupations are included on this list.
• a NOC skill level 0, A, B or C occupation included on the list of ineligible occupations.
Supervisors, foremen and tradespeople, working in an occupation designated as a Compulsory or Optional Trade in Alberta are not eligible to apply under these
categories.
- If working in a compulsory trade occupation, must apply under the Strategic Recruitment Stream Compulsory and Optional Trades Category
- if working in an optional trade occupation, may only apply under the Strategic Recruitment Stream – Compulsory and Optional Trades Category or the Alberta Work
Experience Category.
HR Consultants can register for free online sessions at http://www.albertacanada.com/immigration/campaigns/ainp-updates-webinar.aspx


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