Guide to working Canadians in the US

Canadians working in the USA

The US is an attractive destination for many Canadians who associate it with better career opportunities and diversity and as the home of Capitalism. The common profile of Canadians moving to the US includes highly qualified professionals on H-1B temporary visas and students, family migrants, and retirees.

The path for such Canadians to work and live in the USA was revolutionized by the North American Free Trade Agreement of 1994, which set a precedent with temporary work visas that have become the norm today.

Ways to work in the US as a Canadian

Let's explore some popular programs that help Canadians seek work in the US.

The H-1B Visa

The H-1B visa is a temporary work visa allowing American employers to hire foreign workers with specialized skills, usually in tech, finance and engineering. The H-1B requires the applicant to have:

• A valid job offer from a US employer for a specialized profession
• The equivalent of a US Bachelor's degree as a minimum or experience in their specialized field
• The employer is also required to prove the lack of qualified US applicants for the role

• However, eligibility is often not enough to get an H-1B visa. This is due to the insane demand and the limited number issued yearly, also known as the H-1B visa cap.

NAFTA TN Visa or CUSMA

The Canada- United States- Mexico Agreement or CUSMA is the successor of NAFTA, which temporarily allows Canadians of eligible professions to enter the US for business activities under TN status.

To be eligible, a Canadian applicant must qualify as a NAFTA professional- meaning their profession is listed under the NAFTA list of professionals. Additionally, they must also:

• Be citizens of Canada, as permanent residents are not eligible under this
• Have a full-time or part-time job. Self-employment is not considered
• Have a valid job offer that is temporary and aligns with the professional categories eligible under this program

• Possess the required qualifications

L-1 Visa Employee Transfer

The L-1 visa applies to intracompany transfers. It is designed to facilitate the transfer of employees from a foreign company to a related entity in the United States. It is particularly beneficial for multinational companies looking to transfer key employees, managers, executives, or individuals with specialized knowledge to their US branches. Its features are as follows:

• Qualifying Relationship: The foreign and US entities must have a qualifying relationship, such as a parent company, subsidiary, branch, or affiliate relationship. This relationship must be demonstrated through ownership and control.
• Dual Intent: L-1 visa holders can have "dual intent," meaning they can enter the US for temporary employment while pursuing lawful permanent resident status (green card) if eligible.
• Initial Period of Stay: L-1 visa holders may initially be granted a stay of up to three years if they establish a new office in the US or up to one year if they transfer to an existing US office. Extensions are available, with a maximum stay of up to seven years for L-1A visa holders and up to five years for L-1B visa holders.
• Spouse and Dependents: L-1 visa holders' spouses and unmarried children under 21 may accompany them to the US under the L-2 visa category. Spouses may also apply for work authorization.

• No Labor Certification Required: Unlike some other work visa categories, the L-1 visa does not require the employer to obtain a labour certification from the Department of Labor

O-1 Visa Extraordinary Skills Visa

The O-1 visa is a non-immigrant visa category reserved for individuals with extraordinary ability or achievement in their field, such as arts, sciences, education, business, or athletics. Some features of the O-1 visa are:

• No Cap: Unlike other visa categories, there is no numerical cap on the number of O-1 visas issued yearly. Multiple Categories: There are two main categories of O-1 visas:
• O-1A: For individuals with extraordinary ability in the sciences, education, business, or athletics.
• O-1B: For individuals with extraordinary ability in the arts, including film, television, music, theatre, and the visual arts.
• Employer Sponsorship: Like most non-immigrant visas, the O-1 visa requires sponsorship by a US employer, agent, or organization.
• Duration: Initially, O-1 visa holders can stay for the duration of their employment or up to three years, with extensions available in one-year increments. There is no maximum limit on the number of extensions.

• Family Members: O-1 visa holders' spouses and unmarried children under 21 years old may accompany them to the US under the O-3 visa category. However, they cannot work unless they independently qualify for a work visa.

Things to keep in mind when moving to the US

Now that we have the means of getting to the US out of the way, it is time to look into some essential things to consider as a newcomer to the US.

• Documentation: Gather all necessary documents, including your passport, educational certificates, employment history, and relevant licenses or certifications. Background Checks: Be prepared to undergo background checks as part of the visa application process.

• Health Insurance: Understand the US healthcare system and ensure adequate health insurance coverage through your employer or a private plan. Understanding you Tax Obligations: Familiarize yourself with US tax laws, including potential tax liabilities in both the US and Canada. Consider consulting with a tax professional who specializes in cross-border taxation.

Conclusion

In conclusion, navigating the process of working in the United States as a Canadian involves carefully considering legal, logistical, and cultural factors. By preparing and leveraging resources such as immigration attorneys, professional networks, and community support, you can overcome these challenges and successfully transition to working in the US.

And if you need to send money to the US, trust Remitbee for fast and secure transfers!