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How US Companies Can Hire Canadian Citizens

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Canada and the United States share the longest undefended border in the world and have always had close economic ties. This close relationship has meant United States organizations sometimes look north when they need to hire workers.

When does it make sense for a company to hire Canadian citizens?

There are about 797,000 Canadians in the United States, and about 44% of them use employment-based immigration to apply for a green card. U.S. companies hiring in Canada is nothing new; an American company may wish to hire a Canadian to address labor shortages or to fill positions they cannot find local workers for. With the signing of the North American Free Trade Agreement (NAFTA), it can also be easier to hire workers from Canada than employees from overseas.

Why Hire Canadian Workers, Specifically?

Under the NAFTA agreement and visa programs, it can be easier for American companies to hire Canadian or Mexican workers. There are many reasons U.S. companies hiring in Canada look for Canadian candidates, such as:

Most Canadians speak English fluently.
They are culturally very similar to American workers, allowing for a seamless transition.
When it comes to the number of citizens with tertiary education, Canada ranks second in the world, giving employers access to highly skilled workers.
Canadians do not need to travel far for work in the U.S. and today can complete many jobs online.
Canadian colleges are at a similar standard, so degrees from Canada translate well to degrees in the United States.
The process for getting Canadian citizens into the United States for work can be easier than the process for other workers.

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For an American company hiring a Canadian employee, there are lots of great reasons to do so. In cultural, educational, and language terms, there is not a stark difference between hiring a Canadian and an American. However, the rules for hiring a Canadian citizen are different from hiring one locally. Knowing how to hire a Canadian for U.S. company positions means being familiar with the visa process.

What Visa Categories Are Available, Under What Conditions?

If you’d like to hire a Canadian citizen at your organization, you have a few options. One solution is to hire a Canadian worker on a contractor basis. With a tax treaty between Canada and the United States, independent contractors working remotely and with no permanent residence in the United States do not require a visa. However, it is very important that a contractor is not treated as an employee.

If you need someone to work on-site or need to control a person’s hours of work, you cannot usually classify them as a contract worker. In these situations, you can hire a Canadian with the L-1 visa program, which allows companies to transfer professionals from a company office in another country to an office in America. The B-1 visa allows Canadians and other professionals to enter the United States temporarily to conduct tourism or business activities for up to six months but such individuals cannot be employed while in the US.

The TN visa program is the most popular option for companies hoping to hire Canadian workers for more than a few months at a time. If you need professionals for your business, the TN visa program allows you to hire Canadians with eligible qualifications to perform specific occupations for up to a 3 year renewal period.

What Is the TN-1 Visa Application Process?

The TN-1 visa is a non-immigrant work visa specifically for Canadians who qualify to work in the United States under NAFTA. With this visa, eligible professionals can remain in the United States for up to three years for professional work.

TN-1 visa job categories include a list of qualifying professions. To hire a Canadian using the TN-1 visa program, you must be hiring for one of these positions, which include scientists, teachers and professors, and a host of professions generally requiring at least a college degree. Healthcare professionals, financial professionals, managers, and other Canadian professionals can enter the United States to work on a TN-1 visa, provided they have the job offer, qualifying education and licensing, and apply for non-immigrant status.

The TN-1 visa application process has two options for Canadians. They can apply for a visa or can enter the United States as a NAFTA professional without applying for a visa ahead of time. A Canadian citizen can present at a U.S. port-of-entry and apply for TN non-immigrant status without securing a visa at a US consulate beforehand. To do this, they will need to present a few items to border agents. These are:

A letter from an employer, outlining the specifics of the professional work to be done in the United States;
Proof of Canadian citizenship status; and
An evaluation of credentials, if needed.

Canadian professionals can also apply for a TN-1 visa by filing Form I-129 with USCIS, if they wish. Once approved, a TN-1 visa applicant can apply for admission at a designated CBP port of entry by presenting specific documentation. If a Canadian citizen lives in neither Canada nor the U.S. and hopes to enter the United States with their non-Canadian children or spouse, they will need a TN-1 visa to secure visas for these family members.

What Part of the Process Falls On Employers?

To hire Canadian workers, employers need to verify that the position they wish to fill requires a NAFTA worker and appears on the list of NAFTA qualifying professions. Employers then need to search for and screen qualified Canadian candidates. To qualify, Canadian applicants need to have the licenses or education listed on the NAFTA list and possess proof of such credentials for presentation at the port of entry or to USCIS.

Whether a Canadian citizen is entering the country by applying for a TN-1 visa ahead of time or is applying for non-immigrant status at a port of entry, employers should provide an offer letter, describing the work position, or a work agreement which the Canadian can use at the border to secure entry. An employer should provide documentation which clearly outlines the professional level responsibilities the visa applicant will perform in the United States, the length of employment, the education required, the education possessed by the employee, and the purpose of the employment.

If Canadian professionals want or need a visa before crossing the border, an employer can also file Form I-129, Petition for Non-immigrant Worker, with the USCIS. Your worker can then apply for entry into the United States with the Approval Notice from USCIS and proof of Canadian citizenship.

How Can Farmer Law Help?

Immigration law can be complex, even with NAFTA paving the way for some qualified professionals to enter the United States from Canada without a visa ahead of time. If you’re an American company hiring Canadian employees, Farmer Law PC can advise you on the visa program which may be right for you and can help you with the visa application process so you can focus on filling your open positions. Contact Farmer Law PC today for a consultation to discuss your hiring needs.

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Blog

How US Companies Can Hire Canadian Citizens

When does it make sense for a company to hire Canadian citizens?

Why Hire Canadian Workers, Specifically?

Follow Us On

Have a Question?

More Information from Farmer Law

Immigration Law

What Visa Categories Are Available, Under What Conditions?

What Is the TN-1 Visa Application Process?

What Part of the Process Falls On Employers?

How Can Farmer Law Help?

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