How to Get a US Work Visa from Canada
Many Canadians dream of moving south to the US to start or advance their careers. However, that move begins with obtaining a US work visa that allows foreigners to enter and work in the country.
This article will guide Canadians on how to apply for a US work visa from Canada so that they can make their American dream a reality. Specifically, it’ll cover the types of visa available to Canadians, the visa requirements, the step-by-step application process, timelines, and more, including common mistakes to avoid.
Why Consider Working in the United States?
Of course, Canada enjoys some advantages when it comes to job opportunities. However, there are many reasons Canadians consider working in the United States:
- The US has a larger job market and economy, which means more job opportunities
- On average, salaries are higher in the US than in Canada
- Working in the U.S. offers international experience
- For many professionals, the US may provide stronger professional networks and mentors for professional growth
Do Canadians Need a Work Visa to Work in the U.S.?
Canadians need a work visa to legally work in the US. Visa-free entry for tourism or business does not allow employment.
However, there are special provisions for Canadian citizens (like the TN visa) that simplify entry into the US for work. But non-citizen residents in Canada must follow standard USCIS petition processes.
Types of US Work Visas Available for Canadians
There are several visa options available to a Canadian applying for a US work visa. These visas fall into one of two categories:
- Nonimmigrant visa. This allows individuals to stay temporarily in the US for a specific reason (e.g., TN visa and H1-B)
- Immigrant visa. This allows individuals to move to the US to stay permanently.
The most common visas for Canadians and Canadian residents applying for a US work visa from Canada are:
TN Visa (USMCA Professionals)
The TN visa allows Canadians and Mexicans in certain professional occupations to enter the US temporarily for work.
About 63 occupational professions are listed in the United States-Mexico-Canada Agreement as eligible for the TN visa, including Accountant, Architect, Engineer, and Computer Systems Analyst.
See the complete approved TN visa job list
Applying for the TN visa requires the following documents:
- Proof of Canadian citizenship
- Proof of educational and professional experience
- TN support letter (also known as TN employment letter)
Canadians can apply for the TN visa in two ways:
- Port of entry: This is a preferred option for many Canadians as it is fast, cost-effective, and does not require prior application to the USCIS. The individual only has to submit their application to officers at a port of entry when entering the US.
- Apply by Mail: This involves filing Form I-129 with the USCIS.
H-1B Specialty Occupations
The H-1B visa allows US employers to employ foreign workers in specialty occupations like IT, engineering, and healthcare.
Applicant must have a minimum of a bachelor’s degree and a job offer in a specialty occupation. Plus, a US employer must sponsor the applicant, which involves filing a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL).
However, early application is advised as the H-1B visa is subject to annual caps.
L-1 Intra-Company Transfer
The L-1 visa enables executives, managers, and employees with specialized knowledge to transfer from a Canadian office to a US office of their company.
The applicant must have worked continuously for the company for at least one year within the past three years. And they must be entering the US to work in the same capacity as in Canada.
O-1 Visa for Extraordinary Ability
The O-1 visa enables individuals with extraordinary ability or achievement in their field to temporarily enter the US to work in their area of expertise.
There is no annual cap, so Canadians can apply for the visa at any time of year. However, it requires an employer to sponsor.
E-2 Treaty Investor / E-1 Treaty Trader
The E-1 and E-2 visas permit traders and investors from nations with which the US has a treaty (which includes Canada) to enter the US. Canadians who engage in substantial trade with the US can use the E-1 visa, while those investing a substantial amount (often $100,000) in the US can use the E-2 visa.
J-1 Exchange Program
Canadians can also use the J-1 visa to enter the US. This is available to:
- Canadian students or recent graduates seeking an internship in the US
- Canadian professionals going for training in the US
- Full-time post-secondary students in Canada seeking summer work in the US
- Canadian teachers and research counsellors seeking teaching, research, or academic exchange roles in the US
Eligibility and Document Requirements
When applying for a US work visa from Canada, the requirements differ based on whether you’re a Canadian citizen or a non-citizen resident in Canada.
For Canadian Citizens
Canadian citizens typically need:
- Proof of citizenship
- Job offer letter
- Educational credentials
- Proof of work experience and supporting employer documents
For Non-Citizen Residents in Canada
Non-citizen residents in Canada need more documentation.
- Valid passport
- USCIS-approved petition
- Visa application forms (DS-160/DS-260)
- Employment contract
- Police/medical certificates (if applicable).
Step-by-Step Application Process from Canada
Individuals must first secure a U.S. job to apply for a US work visa from Canada. However, specific steps will depend on the type of visa.
General Process
- Step 1: Secure a U.S. job offer
- Step 2: Confirm the correct visa category
- Step 3: Employer files a petition with the USCIS if required (file Form I-129 and complete an LCA)
- Step 4: Complete the visa application form and pay the applicable fees
- Step 5: Schedule an interview at the U.S. consulate (if applicable)
- Step 6: Attend the visa interview and present documents
- Step 7: Receive the decision and travel to the U.S. once approved
Applying at the Border (TN Visa Option)
When using the TN visa, Canadians can simply go to the border and present their document to the US Customs and Border Protection officer. No application to the USCIS is needed. Adjudication is instant, and a decision is given on the spot.
Petition-Based Visas (H-1B, L-1, O-1)
Visas like H-1B, L-1, and O-1 require employer sponsorship. That is, the US employer must file a petition with the USCIS, which must be approved before the individual can get the visa to enter the US.
Canadian citizens are often exempt from requiring a visa stamp after approval, but non-citizen Canadian residents must obtain a visa stamp in their passport before entering the U.S.
Visa Interview and Biometrics
Some individuals in Canada may need to attend a visa interview at a Canadian consulate before they can enter the U.S.
What should be taken to the interview includes:
- Valid Passport
- DS-160 Confirmation Page
- Visa Appointment Confirmation Letter
- I-797 Approval Notice (USCIS)
- U.S. Employer Letter
- Proof of Qualifications
- Résumé / CV
- Proof of Work Experience
- Application Fee Receipts
To enhance chances at the interview:
- Practice answering questions about employment and qualifications
- Answers should be clear and consistent with what’s in the application
- Show strong ties to Canada
Check out our TN Visa Border Interview Tips
US Work Visa Costs and Processing Times
Application cost and timeline differ by visa category.
Processing time delays vary by category and depend on USCIS workload and completeness of documents.
After Entering the United States
After getting a US work visa from Canada, the individual can enter the U.S. But to maintain a valid status, they must work for only the authorized employer. Other considerations include:
Taxes and Social Security
Canadians in the US on a work visa will be subject to U.S. federal income tax on their U.S.-source income. They should consider claiming tax credits to prevent double taxation. Also, social security and Medicare contributions are deducted from the paycheck.
Health Insurance and Benefits
U.S. employers typically provide healthcare and other benefits. Thus, Canadians traveling to the US on a work visa should confirm coverage before moving.
Worker Rights and Protections
U.S. labor laws protect Canadians working in the U.S. Basic rights include:
- Minimum wage and overtime pay
- Safe working conditions
- Freedom from discrimination and harassment
- Right to report violations without retaliation
See:
Special Cases and Challenges
There are special cases for Canadians seeking to work in the US.
Already in the U.S. on Another Status
When already in the US on a visa, Canadians may be able to change their status and obtain a visa that permits employment without having to leave the country. In some cases, they may be able to apply for an Employment Authorization Document, which allows them to work temporarily.
Visa Denial or Request for Evidence (RFE)
If a Canadian’s work visa application is denied, the next step is to understand the reason for the denial. After this, the individual may appeal the denial, correct errors, and reapply with stronger evidence.
Bringing Family Members
Canadians in the US on a valid work visa can usually bring their family members with them. For example, family members of TN visa holders may go to the US on TD visas, while dependents of L-1 visa holders may travel on L-2 visas.
Transitioning from Work Visa to Green Card
Canadians in the US on a work visa can transition to permanent residency. Paths for such transition include:
- EB categories (employer-sponsored green card)
- Family sponsorship
- Marriage to a US citizen
Common Mistakes to Avoid
Some people working on getting a work visa for the USA from Canada make certain mistakes that lead to rejection. These include:
- Choosing the wrong visa category
- Misunderstanding eligibility
- Incomplete documentation
- Overstaying
Quick Checklists for Applicants
Here are quick checklists for applicants for common popular employment-based visas.
TN visa
- Valid Canadian passport
- TN employer letter (specifying role, salary, duties)
- Proof that the job is on the USMCA profession list
- Evidence of required qualifications (Degrees, licenses, certifications)
- Proof of prior experience (if applicable)
- Supporting documents in an organized folder
H-1B Visa
- Valid passport
- Degree certificates (Bachelor’s or higher in specialty field)
- Résumé/CV
- Experience letters (if needed)
- Copy of transcripts
- Signed job offer letter
- I-797 Approval Notice (after USCIS approval)
L-1 Visa (Intra-Company Transfer)
- Valid Canadian passport
- Resume/CV
- Organizational chart (showing your role)
- Letters from both U.S. and Canadian entities
- Evidence of 1 year of qualifying employment in Canada
- Job description for U.S. and Canadian positions
Final Tips and Resources
Immigration rules change frequently. Thus, any Canadian applying for a US work permit or visa should stay informed by regularly checking the official websites of the USCIS, CBP, and US Embassy in Canada.
It’s also important to stay compliant with US laws and deadlines during the application process and beyond, as noncompliance can result in denied entries, visa revocation, or bans on reapplying.
Expert guidance can help applicants get everything right, increasing their chances of getting a US work visa from Canada. This is where TN Visa Expert comes in. TN Visa Expert can help prepare applications, review employer letters, and provide guidance for Canadians seeking U.S. work visas.
Contact TN Visa Expert now to get started or request a review of your case.
FAQ about How to Get American Citizenship as a Canadian
Author Jacob Sapochnick serves as the Managing Partner/CEO of a prominent law firm that focuses on immigration law. Boasting an extensive legal background spanning over a decade, he adeptly merges his enthusiasm for law with cutting-edge technology to aid clients worldwide in their journey to immigrate to the United States.