Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

WE are a US Company with a Canadian citizen, who is employed by us to support our customers in Canada.

Customer Question
She is paid by our...
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: 1 year ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 8 minutes by:
6/9/2016
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,665
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

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:

https://travel.state.gov/content/dam/visas/BusinessVisa%20Purpose%20Listings%20March%202014%20flier.pdf

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:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

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:

http://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/h-2b-temporary-non-agricultural-workers

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

https://www.uscis.gov/news/news-releases/uscis-reaches-fy-2017-h-1b-cap

https://www.uscis.gov/working-united-states/temporary-workers/h-2b-non-agricultural-workers/cap-count-h-2b-nonimmigrants

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:

https://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

https://www.uscis.gov/working-united-states/temporary-workers/l-1b-intracompany-transferee-specialized-knowledge

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year 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!

Ask Your Own Immigration Law Question
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year 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!

Ask Your Own Immigration Law Question
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,665
110,665 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. 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:

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

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

110,665 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I am working as part of a company on US on L-1B visa since
I am working as part of a company on US on L-1B visa since November 2014 … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 satisfied customers
My wife is currently on H-1B working for a startup here in
Hi,My wife is currently on H-1B working for a startup here in the bay area. After her pregnancy, she has been having back pain on and off , and she recently decided to undergo physiotherapyHowever, he… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 satisfied customers
I'm on H-1B. And have questions on transfer No. I would like
Hello good afternoon JA: What state are you in? It matters because laws vary by location. Customer: I'm on H-1B JA: Have you talked to a lawyer yet? Customer: And have questions on transfer No JA: Any… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 satisfied customers
I have questions about filing an O-1A status. Not yet
Not yet working on it I am a current F-1 students and wants to convert to O-1 currently invented an application. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have an L 1 visa with family here and have had an arrest
I have an L 1 visa with family here and have had an arrest for DUI but no conviction. My stamp has been revoked but I am still in country until renewal in July 18. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I'm currently working in Atlanta on an L-1 visa, and my
Hello, I'm currently working in Atlanta on an L-1 visa, and my fiancé is here on a B1/B2 visa, and we would like to get married soon. We are both Iraqis. Are there any restrictions since my fiancé is … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I need my children ioe number and recipet. Greencard. L Yes.
I need my children ioe number and recipet JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet? Customer: Yes greencard JA: Have you talked to a lawyer yet? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 satisfied customers
If I already have a valid L-1 VISA and I am filing a green
if I already have a valid L-1 VISA and I am filing a green card application as the spouse of an american citizen should I already submit also I-765 (in case my VISA expires before Green card is approv… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am here on a L-1 Visa, sponsored by Google. I am married
Hi, I am here on a L-1 Visa, sponsored by Google. I am married to an American citizen and in process of the family route green card. I have completely medicals so just waiting. If I go on Paid Medical… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 satisfied customers
I need to change status from to L-2 for the minor children.
Hi, I need to change status from B to L-2 for the minor children. I am not sure how correctly to fill out I-539 and whether a signature is needed (and whose)? … read more
Expert James
Expert James
Doctoral Degree
11,710 satisfied customers
I have extended my L-1A visa. On form I-129 I have marked
Hi, I have extended my L-1A visa. On form I-129 I have marked Continuation of previously approved petition and Extend the stay of each beneficiary... Last year the US Embassy issued an L-1 visa for me… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 satisfied customers
I came to Us with J1 visa in 2008 and overstayed,l got
I came to Us with J1 visa in 2008 and overstayed,l got married in 2011 but that relationship didnt work out so we seperated same year but stayed in marriage and very good friends. So my ex wife was da… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Currently on an L-2 Visa (Spouse of inter company transfer
Currently on an L-2 Visa (Spouse of inter company transfer L-1 visa). My EAD has expired, Am I allowed to continue working if I have an application pending. Is there a way I can expedite the renewal?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 satisfied customers
I live in Ireland and I'm in the middle of applying for L-1
I live in Ireland and I'm in the middle of applying for L-1 US visa. My partner and I are considering getting married. However, we don't want to rush it and have a proper wedding in a couple of month … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 satisfied customers
Here's the situation: husband and wife in L-1/L-2. Wife's
here's the situation: husband and wife in L-1/L-2. Wife's I-94 was shorted to her passport expiry, April 16, 2017. Husband's I-94 is still valid. They have approved I-140 but are waiting to file I-485… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I do qualify L-1A. to carry on a start up duties of the
I do qualify L-1A. to carry on a start up duties of the company i just established in USA and own. L-1A or E-1 will be better for someone starting off w/t highly technical but lest cash requiring serv… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am working on obtaining an H-1B work visa for an employee
I am working on obtaining an H-1B work visa for an employee of mine who works in a foreign office in Romania. For the Labor Condition Application (LCA), I entered the prevailing wage for the job code,… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I'm currently on an L-1B visa, waiting for a labor
Hi, i'm currently on an L-1B visa, waiting for a labor certificate, then hopefully GC. My partner is on an H-1B visa after an F-1. We're a same-sex couple. My questions is, according to current laws, … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,665 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