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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

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Answered in 3 days by:
3/8/2018
lawyerJ
lawyerJ, Lawyer
Category: Employment Law
Satisfied Customers: 177
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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.

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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.

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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.

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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.

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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.

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