Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What does a Canadian citizen need to work here in US?

What does a Canadian...

What does a Canadian citizen need to work here in US?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Has anything been filed or reported?

No. Just wanting to know what is involved.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He works for a company where he can transfer to US with a work visa

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 days by:
3/8/2018
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 176
Experience: Attorney
Verified

Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly. Please note, all information is provided for educational purposes only.

Ask Your Own Employment Law Question

The first thing is that the Canadian citizen must have a job offer from an employer who will sponsor them before applying for any work visa. There are then four different types of visas that they may obtain. I'll outline them below.

1. H-1B Visa:

The H-1B Non-Immigrant Work Visa may be issued to Canadian citizens seeking temporary work in a "specialty occupation," which requires the skills of a professional. Generally speaking, a specialty occupation are occupations that require at least a bachelor's degree or its equivalent, such as accountants, computer analysts, web programmers, web designers, engineers or financial analysts. However, relevant experience may be considered in lieu of such education requirement in some cases. H-1B visas can be issued for either full-time or part-time employment.

An H-1B petition can only be filed the employer. The Canadian citizen/employee cannot seek an H-1B visa without an employer willing to file a petition. USCIS begins accepting H-1B petitions on April 1st of every fiscal year. In legal terms, the employer will act as the petitioner while the employee is the beneficiary. It is a multi-step process involving applications to be submitted to the Department of Labor, USCIS, and even the Department of State will first have to file a Labor Condition Application (LCA) with the U.S. Department of Labor. To qualify for an H-1B, you must be paid the prevailing wage – which means the minimum wage for that occupation in the geographic area you will be working. The process usually takes a few months unless the employer files the petition under premium processing.

If this is the first time an employer is filing an H-1B petition on your behalf, be sure the petition is filed on April 1st. Every year, there is a quota of 65,000 H-1B visas available for beneficiaries with bachelor’s degree. There is an additional 20,000 H-1B visas available for beneficiaries with a U.S. Master’s degree. The last thing you want is to have the quota met for that fiscal year and not be eligible for an H-1B for another year.

If you miss the H-1B lottery, or if you anticipate a delay in filing an H-1B, you should consider other visas to fill the gap, such as a TN visa or an L-1 visa. You should know: The earliest start date for an H-1B is Oct 1st of that fiscal year (in other words, six months from the start of the fiscal year). For example, a petition filed on April 1, 2011 must have a start date of October 1, 2011 - not a day earlier. On the other hand, a petition filed on or after October 1st may have a start date based on the anticipated date of approval. For example, a petition filed on October 1st should request a start date of December 1st, since it will take approximately two months for the USCIS to adjudicate an H-1B petition. Again, you should consider other visas such as a TN to fill the time gap between April and October if you wish to start working for your employer prior to October 1st. You should know: The H-1B visa is valid for up to three years, and it can be renewed for another three years for a total of six years. After six years, you have to leave the United States for a period of one year before you can re-apply for a new H-1B. If you have applied for an employment-based green card while on your H-1B, you are eligible to extend your H-1B indefinitely under an act known as AC21. You should know: The H-1B allows for "dual intent," which means that you can apply for permanent residency while on the visa. This is important because other work visas, such as TN, does not allow for dual intent. Thus, if you apply for a green card while on a TN visa, it would contradict your supposed intent to return to Canada upon expiration of the visa. This, in turn, could affect your chances of a green card approval or it could result in a revocation of your TN visa.

Ask Your Own Employment Law Question

2. TN Visa:

Under this visa, a Canadian citizen may work in a professional occupation in the U.S. if:

1) He/she qualifies under the "Professionals Under the North American Free Trade Agreement" list;
2) the Canadian citizen possesses the specific criteria for that profession;
3) the employment position in the U.S. requires someone in that professional capacity and
4) the Canadian citizen is going to work for a U.S. employer.

Here is a list of professions that are eligible for a TN Visa.

Ask Your Own Employment Law Question

3. L-1 Visa

The L-1 visa allows a U.S. employer to transfer a manager or an executive from an affiliated Canadian office to one of its U.S. offices. The employer must be doing business in the U.S. and it must have an existing relationship with the Canadian company (such as being a parent company, affiliate, subsidiary etc.). Furthermore, the employee must have been working for the affiliated employer in Canada for at least one continuous year within the three years prior to being issued an L-1 visa, and he/she must be going to the U.S. to render services as a manager/executive. Employees will be granted an initial three-year L-1 visa.

Ask Your Own Employment Law Question

4. O-1 Visa:

The O-1 visa is a non-immigrant visa used by a small percentage of individuals who possess extraordinary ability in the arts, sciences, education or athletics (collectively O-1A), or who has demonstrated a record of extraordinary achievement in the motion picture or television industry (O-1B). Examples of people eligible for an O-1 visa include: actors, singers, scientists, professors, writers or professional athletes.

Ask Your Own Employment Law Question

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 176
Experience: Attorney
Verified
lawyerJ and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask lawyerJ Your Own Question
lawyerJ
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 176
176 Satisfied Customers
Experience: Attorney

lawyerJ is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
It's a labor question employment law. I'm seeking a lawyer.
well I was denied unemployment - the employer said I was insubordinate. I am trying to create an appeal and I was hoping the attorney would look at what I wrote.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
My employer is implementing a new minimum wage but not
Hi. My employer is implementing a new minimum wage but not applying veteran employee raises unless they find out and bring it up to HR. In some cases Employees never recieved the new min wage and were… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
The minimum wage for exempt employees has been changed to
The minimum wage for exempt employees has been changed to $913.00 per week. if a employee works for a company and that company has a partnership 50% in another company and he works for both companies … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
If we are interviewing an applicant for a field laborer
If we are interviewing an applicant for a field laborer position, are we allowed to ask them if they have ever experienced a previous work injury, and if so, inquire about the circumstances surroundin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Could you tell me what the wage and labor laws regarding an
Hi, could you tell me what the wage and labor laws regarding an individual possession two W2 positions? the 2 companies have zero conflicts with the other in terms of competition. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Looking for a labor law attorney in Delaware. At will. We
Our Company runs group homes for the Intellectually and developmental disabled in DE … read more
Edward Young
Edward Young
Juris Doctor
339 satisfied customers
Our business is in Oregon... Provided I meet minimum wage
provided I meet minimum wage laws, is it ok to pay one employee more per hour (because the produce more). Or do I have to pay them both the same regardless of production? … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,866 satisfied customers
According to Indiana labor law do I have to pay a salaried
according to Indiana labor law do I have to pay a salaried employee for overtime? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Wage lawyer.. Looking for advice only. Taking it very
No, looking for advice only. Taking it very cautious. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,824 satisfied customers
State minimum wage is $11.50 starting January 1st 2018.
Washington State minimum wage is $11.50 starting January 1st 2018. Employees are going to be paid January 3rd for work done in December 2017, minimum wage was $11. Which amount I should use? 11.00 or … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
What is the minimum wage in Maryland? The paycheck shows
The paycheck shows regular 80 hours for 2 weeks with an overtime of 10 plus hours. The paycheck is the same each week - … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
Live in Florida, can an employer just pay me minimum wage
Live in Florida, can an employer just pay me minimum wage for my last paycheck even if I was suppose to get paid more … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I want to know how much is minimum wage for a part time
I want to know how much is minimum wage for a part time salaried employee in California … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,769 satisfied customers
Although there is a Federal minimum wage on salaried
Although there is a Federal minimum wage on salaried employees. Does the law apply in the state of Texas? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I need help understanding the minimum wage law for
I need help understanding the minimum wage law for server/cashier at a restaurant who makes tip. Can you help me understand the section below?§ 146-1.3. Tip credits. An employer may take a credit towa… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x