USA Work Visas
L-1 Intra-Company TransfereesExecutives, senior managers and "specialized knowledge" employees of Canadian companies who intend to continue doing business in Canada (or another country outside of the United States) should consider the L-1 category for intra-company transferees. The advantage to the L-1 is that there is no need to show that the company is owned and controlled by Canadian nationals in order to qualify. This option is the logical choice where the company wishes to obtain funding from a U.S. venture capital firm (which often requires the company to give a significant ownership percentage to U.S. investors) or by way of an initial public offering outside of Canada.In order to qualify under this category, the company must continue to do business outside of the United States for the duration of the alien's L-1 status. Consequently, a Canadian company seeking to completely relocate to the United States will not be able to utilize the L-1 category. Another disadvantage to this category is that only Executives, Senior Managers, or "Specialized Knowledge" employees who have been employed by the company in that capacity for at least one year in the prior three will be eligible to apply for L-1 status. E-1/E-2 Treaty Traders and InvestorsCompanies that engage in substantial trade with the United States or that have made a substantial investment in a U.S. enterprise may qualify for E-1 or E-2 status. The foreign company must have authorized E Treaty Status with the US. A controlling owner of such an enterprise may qualify for such status even though s/he is not an employee of the company. In the case of an E-2 treaty investor, there is no requirement that the company continue to do business abroad for the duration of the E status; in such cases, the company can relocate its entire operation to the United States.However, an E-1 treaty trader must maintain a sufficient presence in the treaty country to show that the trade is "international." Although an investment as low as $50,000 USD may qualify, the qualifying investment may not be secured on the assets of the treaty business. Further, the percentage of the qualifying investment relative to the total cost of the business must meet a certain minimum level, depending upon the dollar amount of the qualifying funds invested. This percentage tends to drop as the level of the qualifying investment increases. TN NAFTA Professionals The TN category arises from the North American Free Trade Agreement (the "NAFTA"). Only Canadian and Mexican citizens are eligible to apply for a visa under this category; landed immigrants of Canada and Mexico are not. Although Mexican nationals are also eligible for TN status under NAFTA, the eligibility requirements are very different. Mexican TNs are not discussed here, but a consultation can be scheduled to evaluate these options. Appendix 1603.D.1 of the NAFTA lists all NAFTA-eligible professions. The most common professions are scientists, architects, engineers, economists, lawyers, management consultants and computer system analysts. Candidates for TN status generally must possess a Bachelors degree or other specified credential which demonstrates the professional status. Spouses and dependents of professionals may be admitted under TD status, also pursuant the NAFTA.
H-1B Specialty OccupationsThe H-1B category applies to "specialty occupations." The term "specialty occupation" is defined in the Immigration and Nationality Act ("INA") as an occupation that requires a theoretical application of a highly specialized body of knowledge and the attainment of a bachelor's degree or higher (or its equivalent) in the area of specialty as a minimum for entry into the occupation in the United States. If the worker does not have a bachelor’s degree, USCIS expects the foreign worker to have obtained the equivalent of at least three years of relevant, full-time work experience in progressively responsible positions for every year of a four year university degree.Unfortunately, the H-1B category is subject to several disadvantages, including the need for Labor Certification, prevailing wage requirements, and an annual cap on the number of H-1B visas that may be issued in a given fiscal year. Related Links |
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Owners, executives, senior managers and specialized knowledge employees of Canadian or Foreign Companies seeking to expand or relocate to the United States will most likely require a temporary work permit in order to commence working in the United States. The most common non-immigrant categories for owners, executives, senior managers and professionals of such companies are discussed below.
