Job offer - qualify for NAFTA?

[tinytortoise]

I'm currently waiting for spousal sponsorship approval.

Last month I applied for a senior level position at a marketing firm and yesterday I was offered the position. The position includes managing the Ontario office, bringing in new business and some account work. I want to apply for a temp work visa under NAFTA until spousal sponsorship comes through but I'm afraid that it could be denied because the only category it seems to fit is management consultant and there will be some hands on work with clients.

The other option is for the company to offer me the position through my husband's brand, business development, marketing and communications consulting firm. Then he would extend the offer to me as a consultant for the company in that role.

I'm not sure how many chances we have at the border to get a temp-work visa. Like if they deny me through the company can I turn around with an offer from my husband's consulting business and get in that way or would I have to wait?

I've outlined a little about the position (I can provide more if necessary) and a bite from the NAFTA info I have.

Position Summary:
The position is responsible for providing overall strategic direction and team leadership to a team of professionals who plan, direct and executed communications and advertising campaigns and projects, using a wide array of resources and tactics. The position has overall responsibility for client satisfaction and business growth, budgetary considerations and team profitability, and team member interaction and morale.

NAFTA Management Consultant
A management consultant provides services which are directed toward improving the
managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems. The management consultant does not take part in the company's production but seeks to improve the client's goals, objectives, policies, strategies, administration, organization, and operation. Generally a management consultant is hired on contract to do project work to deal with specific issues or problems.

2. A management consultant may provide the following range of services:
• conduct a comprehensive examination of the client's business to isolate and define problems;
• prepare a presentation and report all findings to the client;
• work with the client to design and implement in-depth working solutions.

3. Management consultants assist and advise in implementing recommendations but do not perform functional/operational work for clients or take part in the company's production.

4. Any training or familiarization that is provided to management and personnel on an individual or group basis:
• must be incidental to the implementation of new systems and procedures which were
recommended in the management consulting report;
• must be performed by permanent (indeterminate) employees of the recommending American or Mexican management consulting firm.

5. Typically, a management consultant is an independent contractor or an employee of a consulting firm under contract to a Canadian client. A management consultant can also occupy a permanent position on a temporary basis with a Canadian management consulting firm.

 

[computergeek]

I suspect CBSA would look rather dimly on you trying to submit a second application if the first is refused at the POE, but I've never been in that situation.

My advice: pick your application. Make sure you have the proper paperwork, including an offer letter that clearly spells out the job duties (with an emphasis on NAFTA terminology) and evidence that you have the necessary job skills (e.g., your resume or letters from prior employers). In my experience, as long as the evidence is clear and easy for the officer to establish that you reasonably qualify, you won't have a problem. Whether fair or not, there's a certain tolerance of Americans in the process - you aren't likely to be fleeing economic oppression.

When I've done this in the past, I've written a cover letter (which is also given to the CBSA officer) leading her or him through the process outlined in FW-1 about why the applicant qualifies under NAFTA, including citations to the relevant regulations and locations in FW-1.

They do this at the border all the time, so as long as you have the paperwork in order you're unlikely to run into trouble.

Good luck!

 

[tinytortoise]

Thanks computergeek. The company has decided to consult the immigration lawyer they keep on retainer. Hopefully we will have everything clear and neat for NAFTA when I visit in 2 weeks.

 

[maguita]

Thanks computergeek. The company has decided to consult the immigration lawyer they keep on retainer. Hopefully we will have everything clear and neat for NAFTA when I visit in 2 weeks.

Hello guys, Can you give me more information in how whats your procedure for NAFTA.

I have been in Canada for almost a year, finding difficult to get a job because they ask me if I have a work visa and I say no but I can apply for NAFTA, any they dont like to hear that.

Is it easy to get the NAFTA Visa in the border? I have 2 job interviews this week and I hope I can explain the situation better to get and opportunity .

How long does it take to get the NAFTA Work visa once you have the Job offer in hand???

I appreciate your support.

 

[computergeek]

Hello guys, Can you give me more information in how whats your procedure for NAFTA.

I have been in Canada for almost a year, finding difficult to get a job because they ask me if I have a work visa and I say no but I can apply for NAFTA, any they dont like to hear that.

Is it easy to get the NAFTA Visa in the border? I have 2 job interviews this week and I hope I can explain the situation better to get and opportunity .

How long does it take to get the NAFTA Work visa once you have the Job offer in hand???

I appreciate your support.

That's the beauty of the NAFTA work permit. Assuming the position qualifies for NAFTA there is nothing for the employer to do other than give you the job offer. You can process the paperwork at the border (POE). In my experience, it takes about 15-20 minutes to do so as long as everything is in order. You need to be able to prove you meet the job qualifications, give them the work permit application, pay the fee, give them the photographs and your passport.