WORKING IN THE US
It may come as a surprise to learn that although you hold Canadian citizenship, you are not automatically authorized to work in the United States. Many think living and working in the US is as easy as packing, moving, and finding a job. The American dream is yours for the taking! I wish it were that easy. In fact, it's a fairly complex process that requires a lot of patience, tenacity, and a really good job offer that fits your academic and employment background. Before you consider moving, you need to have a job offer and the educational background that will allow you to apply for a valid working status in the US.
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If your prospective employer doesn’t offer immigration support, it is in your best interest to enlist the help of a qualified immigration attorney. Keep in mind that I am a resource and not an immigration attorney. A company that has the resources to assist you in your move is an invaluable asset when it comes to making it the smoothest process it can be, especially as you prepare to apply for your employment authorization.
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Status for Canadians Working in the US
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You essentially have two statuses - TN or H-1B - that you can apply for as a Canadian citizen that will grant you authorization to live and work in the US. With a little bit of organization and a some patience, you'll be well on your way to starting your new life in the US. The two statuses that will afford you the opportunity to live and work in the United States are listed below. Take a look at the positives and negatives of each one to get a sense of which might be best for your situation.
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You have a few options when it comes to obtaining work authorization
TN Status
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What is it?
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TN status is a 3-year non-immigrant status given to Canadian and Mexican citizens who qualify for a paid position in the United States in a permitted field listed on the NAFTA list of approved occupations. If you plan to apply for a job in the US with the expectation of having TN status, make sure you are applying to a job in a field related to one on the list.
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Dependent Status:
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Dependents of TN status holders are given TD status that is valid only for as long as the TN status of the applicant is valid. TD status holders are authorized to attend school and volunteer in roles where no compensation is offered. This means that a TD status recipient cannot volunteer in a role that is normally paid. This is to protect both the volunteer from being taken advantage of for their free labor and to protect the rights of working Americans who might otherwise be passed over for employment if a volunteer is offering their services for free.
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Your dependents are not automatically authorized to work or make income in the US
Benefits:
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Provides work authorization in the United States
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Valid for 3 years
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Renewal of status permitted an unlimited number of times
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Can apply for TN status at port of entry without pre-booking interview
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Approval immediate - faster than H-1B
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Constraints:
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Only authorized to work for company listed on TN status application
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Dependents with TD status not given employment authorization
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Path to permanent residency is difficult and not without risk with a non-immigrant status
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TN status can potentially be revoked at any time at any port of entry
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TIP: Keep assets in Canada active. Given that TN status is a non-immigrant status, the burden of proof is on you to prove you have assets in Canada. This would mean family, proof of credit cards, proof of home ownership, financial accounts open in your name, etc.
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Keep your Canadian assets active and have proof of intent to return to Canada
Apply for TN Satus
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As a Canadian citizen, you can apply for TN status at any port of entry without having to schedule an interview. A benefit of applying for TN status instead of H-1B status is that you don't have to make an appointment for your interview and your application will be approved or denied on the spot. Just tell the CBP officer at the port of entry that you wish to apply for TN status, and you will be directed to the appropriate area. Be prepared and organized with your documents and passport, as you will be required to attend a quick interview with a CBP officer before you board your flight or cross the border.
Note: You must be prepared for the possibility that your TN status could be denied for reason, such as information missing on your application or if the CBP officer deems your job ineligible for admission.
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H-1B Status​
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What is it?
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H-1B status is a non-immigrant status or visa available to individuals all over the world who wish to work in the United States for a sponsoring employer. As with TN status, individuals applying for this status must prove competency in a specialized field or role related to their field of study. Approval for this status is subject to winning a lottery in which 65,000 spots are given to applicants with a bachelor's degree and an additional 20,000 spots are set aside specifically for applicants with a master's degree. Given the low chance of being selected in the H-1B lottery, a Canadian citizen wishing to work in the United States should consider applying for TN status.​
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Dependent Status:
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Dependents are given H-4 status which authorizes the status holder to attend school and volunteer in a position which is not normally paid and offers no compensation. In some circumstances, and H-4 holder is authorized to apply for employment authorization if certain conditions are met by the H-1B holder.
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Certain conditions must be met before your H-4 dependent can work
Benefits:
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Provides work authorization in the United States
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Valid for 3 years
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Renewal of status permitted one time
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Can show intent to immigrate and eventually apply for permanent residency
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Constraints:
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Only authorized to work for company listed on H-1B status application
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Dependents with H-4 status not given employment authorization
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Must be applied for in advance and wait for approval before moving
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Application approval dependent on "winning" H-1B lottery in April and applicant is not authorized to begin work until October 1
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Apply for H-1B Status
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Applying for H-1B status as a Canadian citizen is a bit more involved than if you were to apply for TN status, as you require sponsorship from your employer in order to apply. The H-1B application has to be submitted to USCIS starting April 1, so it is advised that you seek the help of a lawyer to help assemble your petition package. The lottery will take place a couple of months after your application is submitted and if you are selected in the lottery, you will be authorized to begin working in the US on October 1 of that year. If you have the option of entering the US on TN status, I would recommend you do so rather than applying for H-1B status. Your chance of "winning" the H-1B lottery is just under 40%, so TN status is easier to obtain if you want to start working sooner.
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Take a look at the statistics from the previous H-1B fiscal years to see previous years' applications and winners.
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Your chance of winning H-1B is lower than being approved for TN status
For more information:
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Take advantage of free online resources to learn more
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Find a lawyer you trust to help you navigate through the immigration process