Many people living in Canada are already working for companies in USA, some might be working remotely, some do go to USA and some are working in the Canadian field while the company is registered and operated in the USA. If you are a one who is looking for a job in states and wondering if Canadian PR or Citizen work in the USA or not then you’ll get your answer today.
Can Canadians work in the USA?
The answer is No, You cannot simply work in the USA based on Canadian Permanent Residency or citizenship. You need to have an appropriate US Visa to work in the USA. However, Obtaining Visa for a Canadian PR or Citizen is much easier than the rest and in some cases you may not even need a Visa to work.
It would help if you had an appropriate US visa to work in the USA and one of these Visa’s are:
1. TN Visa (Trade NAFTA)
This visa is specifically for Canadian and Mexican citizens. This Visa is much easier to obtain especially for Canadians. However, Canadian PR holders are not eligible. You must be an Citizen of Canada.
Eligibility:
- The job must be one of the professional occupations listed under the USMCA (United States-Mexico-Canada Agreement), which replaced NAFTA. Examples include engineers, accountants, scientists, and teachers.
Process:
- You must have a job offer from a U.S. employer in an eligible profession.
- Prepare necessary documentation, such as proof of citizenship, a letter from the prospective employer detailing the job, and credentials proving professional qualifications.
- If you’re a Canadian Citizen you can directly apply for TN status directly at a U.S. port of entry, such as an airport or land border crossing, or through U.S. Citizenship and Immigration Services (USCIS).
Duration:
- The TN visa is usually issued for up to 3 years and can be renewed indefinitely but up to 3 years only.
2. H-1B Visa
This is one of the most common type of visa and answers the question can Canadians work in USA? Just like in any other country you need to obtain this Visa, however, chances of obtaining an H-1B Visa become much higher having Candian PR or Citizenship.
Eligibility
You must have a bachelor’s degree or higher in a specialty occupation.
And job position is in special occupation, you should ahve at least a bachelor’s degree in a specific field, such as IT, engineering, or healthcare.
Process:
- The U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor.
- The employer then files Form I-129 (Petition for a Nonimmigrant Worker) with USCIS.
- Once approved, the individual can apply for the H-1B visa at a U.S. consulate or embassy if they are outside the U.S.
Duration:
- Initially, you will get a visa for up to 3 years, with the possibility of extensions for up to 6 years or longer under certain conditions.
3. L-1 Visa
This type of visa is usually for employees of an international company who are being transferred to a U.S. office. The individual must have worked for the company outside the U.S. for at least one continuous year within the last three years. If you’re being transferred this is the type of Visa you should.
Eligibility
- For executives, managers (L-1A), or employees with specialized knowledge (L-1B).
- The U.S. company files Form I-129 on behalf of the employee.
- After approval, you can apply for an L-1 visa at a U.S. consulate or embassy.
Duration:
- L-1A visas are valid for up to 7 years.
- L-1B visas are valid for up to 5 years.
4. E-1/E-2 Visa (Treaty Trader/Treaty Investor)
This type of Visa is for countries that have a treaty of commerce and navigation with the U.S., including Canada. Canadian PR holders are not eligible unless they are also citizens of a treaty country.
Eligibility
- E-1 is for individuals or employees of companies conducting substantial trade between the U.S. and the treaty country.
- E-2 is for individuals or employees of companies investing a substantial amount of capital in a U.S. business.
- Applicants must show proof of significant trade or investment.
- Apply for the visa at a U.S. consulate or embassy.
Duration:
- The E-1 and E-2 visas are generally issued for up to 2 years and can be renewed indefinitely as long as the trade or investment activity continues.
5. O-1 Visa
This type of Visa is for those with extraordinary ability or achievement in their field, including sciences, arts, education, business, or athletics.
Eligibility
- You must be able to demonstrate sustained national or international acclaim and recognition in their field of expertise.
- The U.S. employer or agent files Form I-129 with USCIS.
- Submit evidence of extraordinary ability, such as awards, publications, or contributions to the field.
- Once approved, the individual applies for the O-1 visa at a U.S. consulate or embassy.
Duration:
This type of visa is initially granted for up to 2 years, with the possibility of extensions in 1 to 2 years.
These visas answer the question “can Canadian PR work in USA? Each visa has its own requirements and eligibility, and you can choose whichever works best for you.
Frequently Asked Questions
Can Canadian PR work remotely for US company?
Yes, if you’re working in Canada for an American Company, you can work and get paid in Canada however, you might have to deal with tax obligations for both countries which you must consult first.
Can Canadians work in the US under USMCA?
Yes, Canadian citizens can work in the US under the USMCA (United States-Mexico-Canada Agreement) using the TN visa, which allows them to work in specific professional occupations.
Can Canadian citizens work in the USA without a visa?
No, Canadian citizens need a valid work visa to work in the USA. Some of the options are the TN visa, H-1B visa, and L-1 visa.
How long can Canadian citizens stay in the USA on a TN visa?
A TN visa is initially issued for up to 3 years and can be renewed indefinitely with 3 year of term as long as the employment conditions are met.
Can Canadian citizens apply for an H-1B visa?
Yes, Canadian citizens can apply for an H-1B visa if they have a job offer from a U.S. employer for a specialty occupation. You must have a bachelor’s degree or higher.
