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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105164
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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WE are a US Company with a Canadian citizen, who is employed

Customer Question

WE are a US Company with a Canadian citizen, who is employed by us to support our customers in Canada. She is paid by our outside payroll provider (ADP) and occasionally comes to the US for meetings. What does she need at the border to satisfy the US & Canadian authorities. Thanks
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

It really depends on what activity she will be doing in the U.S. If it fits into the first chart contained in the link below, she is ok:

Anything outside of that, anything where she is being compensated by a U.S. source for anything that looks like work, then she's going to need a work visa and those are few and have run out for the year.

The H-1B professional visa is one option. The information on the H-1B is basically that she must have a job offer, the job offer must be for a company that is offering a position that is related to her degree and experience. The position must also normally require a bachelors degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay her what is normally paid to someone in that position. All these things must be provable with financials, business plan, etc. Also, because they are used up for this year, she will need to apply on April 1, 2017 to start working on October 1, 2017 or later. The exception is if she applies for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is a link:

If she doesn't have the education and experience to meet the minimum for an H-1B, there is also the H-2B, but those are used up for the year as well and the less experience and education she has, the harder it is to get a visa. This is because there is a higher chance that there would be a U.S. worker available for that position and she cannot come into the U.S. to work and displace a U.S. worker.

For an H-2B worker visa, it is expensive and difficult to get because the employer would have to go through an expensive process called a Labor Certification where the position is advertised in the local media, the employer must receive all resumes and eliminate all candidates for valid reasons, not just because they have a job for her. This is to prove that she would not be taking a job away from a U.S. worker. Here is a link:

Here are the links in regards ***** ***** cap being reached:

So hopefully, whatever activity she will conduct in the U.S. fits into the list that I provided because if it does not, there really isn't a visa available to her other than perhaps the L-1A or L-1B in which she would have to be either an owner, executive or high level manager in your company, or a specialized knowledge employee in your company. Here are the links to those:

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Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello Mike. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!