How to Work in the USA as a Canadian Citizen
Qualify for an H-1B visa., Ask your US employer to apply for the visa for you., Supply the necessary documents for the application., Discuss the payment of the application fee with your employer., File the application by April 1st of the year you...
Step-by-Step Guide
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Step 1: Qualify for an H-1B visa.
This type of visa is much sought after as it can be issued for full time or part time employment for individuals who possess a “specialty occupation”.
A specialty occupation is a role that requires the skills of a professional.
You should have at least a bachelor’s degree or its equivalent, or relevant work experience.
In addition, the process can be complicated and you may need an attorney to navigate the process.
Accountants, computer analysts, web programmers, web designers, and engineers can all quality for an H-1B visa.
U.S.
Congress allots 65,000 H-1B visas a year for specialty professionals who receive job offers from U.S. companies or organizations.
There are also 20,000 H-1B visas for individuals with advanced degrees, such as M.D., J.D., MBA, and Ph.D.
If you are a Canadian with a medical degree, a law degree, or another graduate degree, you may be eligible for one of the 20,000 H-1B visas.
This gives you a leg up, as you will not be put into the general pool of applicants, competing for one of 65,000 visas.
If you are a Canadian fashion model, you can also work in the U.S. on an H-1B visa.
As a fashion model, you do not need to have a bachelor’s degree, but you need to demonstrate “distinguished merit or ability”.
You will need to be nationally or internationally known and have achieved a high level of recognition or achievement in the fashion modeling industry.If you are a Canadian owner of a U.S. company, you can sponsor yourself for a H-1B visa if you have a bachelor’s degree or higher in a specialized field.
For example, a Canadian with a law degree who founded a U.S. specialty law firm can then sponsor herself for an H-1B and work as a lawyer at her own company. -
Step 2: Ask your US employer to apply for the visa for you.
Once you receive a job offer from a U.S. employer, your employer will apply for the H-1B visa on your behalf.
The employer will be the legal petitioner and you, as the employee, will be the beneficiary.Your employer will file a Labor Condition Application (LCA) with the U.S.
Department of Labor.
The LCA determines how much you are going to be paid, based on the minimum salary or wage for Canadians working in the U.S.
Once your employer receives a certified LCA, she will complete a Petition for Nonimmigrant Worker form to the United States Citizenship and Immigration Service (USCIS).
Your employer will send in the completed petition, as well as the certified LCA and any necessary fees and documents to the USCIS for processing. , You will need to provide official documentation to your U.S. employer to process the application.
Your employer will also need to provide detailed information about your position at the company in the application.
The necessary documents you will need to provide include:
Sponsorship/job offer from the employer Copy of your current resume Copy of your Canadian passport Copies of your degrees, certificates, transcripts (if applicable) Employment reference letters from previous employers (if applicable) Copy of any professional development course certificates (if applicable) Professional license (if applicable) If you already live in the U.S., you can provide the following documentation:
Copy of your US social security number, if you have one Copy of the front and back of the I-94 card Copies of any prior H1B approval notices of J1 forms If you are changing employers and are currently on H1B status, or are applying for an extension of stay with the same employer, provide a copy of your most recent pay stubs or a letter from your current employer verifying your employment. , Most U.S. employers will pay the application fee and the fee for the visa.
However, you should discuss the payment of the fees before you complete the application., It usually takes two months for the application process to go through.
So to ensure you are set to work in the U.S. for the fiscal year, your employer should file the application by April 1st.
The earliest start date for an employee with an H-1B visa is October 1st of that fiscal year, or six months from the start of the fiscal year.If you would like to start working for your employer before October 1st, you should talk to your employer about applying for other visas, like the TN1, to fill the time gap. , The H-1B visa is valid for up to three years, and can be renewed for another three years.
You must leave after six years in the United States for one year but after one year you can re-apply for a new H-1B.This visa is also unique in that it allows for “dual intent”, which means you can apply for permanent residency status while on the visa.
Other work visas, like TN1, do not permit dual intent.
If you apply for an employment based green card while you have a H-1B visa, you can extend the visa indefinitely. -
Step 3: Supply the necessary documents for the application.
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Step 4: Discuss the payment of the application fee with your employer.
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Step 5: File the application by April 1st of the year you would like to work in the U.S.
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Step 6: Re apply for the visa after one year working in the U.S.
Detailed Guide
This type of visa is much sought after as it can be issued for full time or part time employment for individuals who possess a “specialty occupation”.
A specialty occupation is a role that requires the skills of a professional.
You should have at least a bachelor’s degree or its equivalent, or relevant work experience.
In addition, the process can be complicated and you may need an attorney to navigate the process.
Accountants, computer analysts, web programmers, web designers, and engineers can all quality for an H-1B visa.
U.S.
Congress allots 65,000 H-1B visas a year for specialty professionals who receive job offers from U.S. companies or organizations.
There are also 20,000 H-1B visas for individuals with advanced degrees, such as M.D., J.D., MBA, and Ph.D.
If you are a Canadian with a medical degree, a law degree, or another graduate degree, you may be eligible for one of the 20,000 H-1B visas.
This gives you a leg up, as you will not be put into the general pool of applicants, competing for one of 65,000 visas.
If you are a Canadian fashion model, you can also work in the U.S. on an H-1B visa.
As a fashion model, you do not need to have a bachelor’s degree, but you need to demonstrate “distinguished merit or ability”.
You will need to be nationally or internationally known and have achieved a high level of recognition or achievement in the fashion modeling industry.If you are a Canadian owner of a U.S. company, you can sponsor yourself for a H-1B visa if you have a bachelor’s degree or higher in a specialized field.
For example, a Canadian with a law degree who founded a U.S. specialty law firm can then sponsor herself for an H-1B and work as a lawyer at her own company.
Once you receive a job offer from a U.S. employer, your employer will apply for the H-1B visa on your behalf.
The employer will be the legal petitioner and you, as the employee, will be the beneficiary.Your employer will file a Labor Condition Application (LCA) with the U.S.
Department of Labor.
The LCA determines how much you are going to be paid, based on the minimum salary or wage for Canadians working in the U.S.
Once your employer receives a certified LCA, she will complete a Petition for Nonimmigrant Worker form to the United States Citizenship and Immigration Service (USCIS).
Your employer will send in the completed petition, as well as the certified LCA and any necessary fees and documents to the USCIS for processing. , You will need to provide official documentation to your U.S. employer to process the application.
Your employer will also need to provide detailed information about your position at the company in the application.
The necessary documents you will need to provide include:
Sponsorship/job offer from the employer Copy of your current resume Copy of your Canadian passport Copies of your degrees, certificates, transcripts (if applicable) Employment reference letters from previous employers (if applicable) Copy of any professional development course certificates (if applicable) Professional license (if applicable) If you already live in the U.S., you can provide the following documentation:
Copy of your US social security number, if you have one Copy of the front and back of the I-94 card Copies of any prior H1B approval notices of J1 forms If you are changing employers and are currently on H1B status, or are applying for an extension of stay with the same employer, provide a copy of your most recent pay stubs or a letter from your current employer verifying your employment. , Most U.S. employers will pay the application fee and the fee for the visa.
However, you should discuss the payment of the fees before you complete the application., It usually takes two months for the application process to go through.
So to ensure you are set to work in the U.S. for the fiscal year, your employer should file the application by April 1st.
The earliest start date for an employee with an H-1B visa is October 1st of that fiscal year, or six months from the start of the fiscal year.If you would like to start working for your employer before October 1st, you should talk to your employer about applying for other visas, like the TN1, to fill the time gap. , The H-1B visa is valid for up to three years, and can be renewed for another three years.
You must leave after six years in the United States for one year but after one year you can re-apply for a new H-1B.This visa is also unique in that it allows for “dual intent”, which means you can apply for permanent residency status while on the visa.
Other work visas, like TN1, do not permit dual intent.
If you apply for an employment based green card while you have a H-1B visa, you can extend the visa indefinitely.
About the Author
Brenda Turner
Committed to making lifestyle accessible and understandable for everyone.
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