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Canadian Immigration to the U.S. and Recent Immigration Agreement

Canadians immigrating to the U.S.

Legal Help for Canadians immigrating to the U.S.

Several hundred thousand Canadians visit the U.S. every year for vacation, work, or shopping. Some Canadians might need to obtain waivers or work permits, and others might be interested in getting green cards. Depending on your profession, education, and other factors, you might be eligible to obtain a work permit.

At Oltarsh & Associates, our New York immigration lawyers help Canadians immigrating to the U.S. with drafting and submitting applications for work permits, non-immigrant visas, and immigrant visas for people who want to visit or live in the U.S. for multiple reasons. Here’s some information about a few of the most common types of visas for Canadians and the recent immigration agreement announced by U.S. President Joseph Biden and Canadian Prime Minister Justin Trudeau.

B Visas

B visas allow holders to enter the U.S. for tourism or business purposes. Because of the visa waiver program between Canada and the U.S., Canadians do not need to obtain visas to enter the U.S. Visitors from other countries will need to attend an interview and obtain a waiver before traveling to the country, however.

B-1 visas are meant for business professionals who need to travel to the U.S. for business purposes temporarily. Those who plan to travel for business reasons for a long period will instead need a different type of visa and work authorization. B-2 visas allow people from countries that don’t have a visa waiver program with the U.S.

L-1 Visas

L-1 visas are designed for foreign nationals who work for a company with a division or subsidiary in the U.S. These visas allow people to transfer to the company’s U.S. division. To qualify for this type of visa, the individual must have been employed by the U.S. employer for a minimum of one year and hold an executive, managerial, or other position that requires specialized knowledge.

Canadians can submit the L-1 application documents at a U.S. port of entry to receive an immediate decision. Others must submit their materials by mail to the U.S. Citizenship and Immigration Services (USCIS), which can take several months for regular processing.

TN Visas

Under the United States-Mexico-Canada Agreement (MUSCA), people from Canada or Mexico might travel to the U.S. with TN visas to work for a U.S. employer in a profession included on the MUSCA list. The employment must be pre-arranged, and most of the listed professions require a Bachelor’s degree or higher. The following professions are some examples of those included on the MUSCA list:

  • Lawyers
  • Accountants
  • Architects
  • Engineers
  • Computer systems analysts
  • Lawyers
  • Land surveyors
  • Doctors
  • Chemists
  • Teachers
  • Others

E-1 Visas

The E-1 visa is for people coming to the U.S. to conduct trade with their home country. This visa is also known as a treaty trader visa. For traders from Canada, the E-1 visa is typically good for five years. To qualify, the applicant must meet the following criteria:

  • Be a national of a country with which the U.S. has a commerce treaty
  • Engage in substantial trade with the U.S.
  • The principal trade (more than 50%) must be between the U.S. and the home country

E-2 Visas

The E-2 visa is also called the treaty investor visa and is designed for foreign nationals from countries with which the U.S. has a commerce and navigation treaty. This visa is for people who plan to invest substantial amounts in a U.S. business. It can be used for someone who wants to invest money to start a business in the U.S.

Immigration Agreement Between President Biden and Prime Minister Trudeau

Recently, President Biden and Prime Minister Trudeau announced an immigration agreement. Under the agreement, Canada will be able to send migrants who cross into Canada through unofficial ports of entry back to the U.S. Canada also agreed to accept 15,000 additional migrants per year. The U.S. will also be allowed to turn back asylum seekers who arrive in the U.S. from Canada through unofficial ports of entry.

For Canadians Immigrating to the U.S. Talk to a New York Immigration Lawyer at Oltarsh & Associates

If you are Canadian and want to immigrate to the U.S. or visit for work or business reasons, you should speak to the experienced immigration lawyers at Oltarsh & Associates. We have years of experience and can help you navigate complex U.S. immigration laws. Contact us today to schedule an appointment at (212) 944-9420.

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