Moving from Canada to the U.S. for work can be a straightforward process, especially with the TN visa. However, what happens if your profession doesn’t qualify for a TN? Or if your long-term goal is to secure a green card?

The U.S. immigration system offers a range of other work visas that can be highly beneficial for Canadians, each with its own purpose, benefits, and requirements. Understanding these alternatives is crucial for creating a comprehensive career and immigration strategy.

1. The H-1B Visa: For Specialty Occupations

The H-1B visa is a popular option for professionals in a “specialty occupation,” a job that requires a bachelor’s degree or higher in a specific field. Unlike the TN visa, the H-1B has a significant caveat: an annual cap and a lottery system.

• Who is it for? Professionals in fields like tech, engineering, medicine, and finance. The H-1B is a “dual-intent” visa, meaning you can pursue a green card while holding it, making it ideal for those with long-term residency goals.
• The Process: The H-1B process is employer-sponsored and starts with an electronic lottery registration, typically in March each year. If a petition is selected, the employer files a full application with USCIS. Once approved, Canadian citizens are visa-exempt, so they can apply for admission directly at a port of entry without a stamp.
• Key Advantage: It is the primary nonimmigrant visa that allows for dual intent, making it a common stepping stone to permanent residency.
• Key Challenge: The lottery. Due to high demand, only a fraction of registrations are selected each year, making the process unpredictable.

2. The L-1 Visa: For Intracompany Transferees

The L-1 visa is designed for multinational companies to transfer executives, managers, or employees with specialized knowledge from a foreign office (like one in Canada) to a related U.S. office.

• Who is it for? Executives and managers (L-1A) and employees with specialized knowledge (L-1B). To be eligible, you must have worked for the company’s Canadian branch for at least one continuous year within the last three years before coming to the U.S.
• The Process: A U.S. employer or affiliate files a petition with USCIS. For large multinational companies, a Blanket Petition allows for expedited processing at a port of entry, similar to the TN visa.
• Key Advantages: There is no annual cap or lottery for L-1 visas. The L-1A visa provides a direct path to an EB-1C green card for multinational executives and managers, which is a major benefit for those seeking permanent residency. Spouses of L-1 visa holders (L-2) can also apply for employment authorization.

3. The E-2 Visa: For Investors and Entrepreneurs

The E-2 visa is a fantastic option for Canadian entrepreneurs who want to start, buy, or invest in a U.S. business.

• Who is it for? A Canadian citizen who has invested or is actively in the process of investing a “substantial” amount of capital in a U.S. enterprise. While there is no fixed minimum, investments are typically $100,000 or more and must not be a “marginal” investment meant solely to support the investor. The investor must be able to prove they will actively develop and direct the business.
• The Process: The application is typically filed with the U.S. Consulate in Canada. The applicant must submit a comprehensive business plan and extensive financial documentation to prove the source of funds and the viability of the business.
• Key Advantages: The E-2 visa is highly flexible and can be renewed indefinitely as long as the business remains active and profitable. It allows the investor to live and work in the U.S. to manage their business, and their spouse can also apply for employment authorization.

Choosing the right visa is a critical decision that can impact your career and long-term immigration goals. Each visa has a unique set of requirements and a complex application process. We can connect you with licensed attorneys who can help you evaluate all your options and determine the best strategy for your specific professional background.

Sources:

• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Department of State
• Relevant sections of the Immigration and Nationality Act (INA)