In this article we discuss can Canadian citizens work in US without visa? The answer is no, Canadians cannot work in US without a visa that authorizes employment.
Canadian citizens are often looking to work in the United States because of its cultural and geographic proximity, lack of language barrier and in the case of some US states, such as Florida, Texas or California, the considerably warmer weather. However, unlike casual travel, working in the US requires a valid work visa or a nonimmigrant status that authorizes employment.
Many Canadian citizens are surprised to learn that they need a work visa or specific nonimmigrant status to work in the United States, even though they can enter visa-free for up to six months.
When Canadians enter the U.S. visa-free for tourism or business are granted B1/B2 status, allowing up to six months for activities like attending meetings, property purchases, or contract signing. However, employment in the US is strictly prohibited under this status, whether for another company or self-employment.
This article explores work visa options for Canadian citizens, eligibility requirements, and the application process.
B1/B2 Visa Does Not Equal Work Authorization
Canadians can enter the US on a B1/B2 visa for tourism or business purposes. This visa allows stays of up to six months, enabling activities like business meetings, property purchases, or company registration. But be clear: it does not permit working for an employer or running your own business.
Work Visas for Canadians: Your Path to US Employment
Below we examine the most common work visas available to Canadians:
H-1B Visa for Professionals
The H-1B visa is for foreign workers with specialized skills or knowledge in high demand within the US. To qualify, you need a job offer from a US employer willing to sponsor your visa. The H-1B visa is valid for up to six years with possible extensions. The downside of H-1B visas is that the number of H-1B visas available each year is limited, with demand exceeding supply. The US government conducts a lottery system in March to determine who can apply. However, if you have been selected in an H-1B lottery, you can transfer your H-1B visa to a new employer without entering another lottery. To learn more, visit successful H1B transfers, and travelling during H-1B transfers.
TN Visa for NAFTA Professions
The TN visa streamlines the process for Canadians and Mexicans working in specific NAFTA professions like accounting, graphic design, engineering, teaching, management consultant, economist and science. To see a full list of NAFTA professions eligible for a TN visa, visit the NAFTA professions list. Similar to the H-1B, a US employer must offer you a job and sponsor your visa. Unlike the H-1B, however, there’s no annual cap, and applications can be submitted directly at designated Customs and Border Protection (CBP) posts at land borders and major Canadian airports. The TN visa is valid for up to three years, and it can be extended indefinitely. To learn more visit, Can a TN visa holder start a business in USA?, Renew or extend TN visa, Can spouse work on TN visa and TN visa to green card.
E-2 Investor Visa
The E-2 visa allows citizens of countries with US commerce and navigation treaties (including Canada) to live and work in the US by making a substantial investment in a US business. Additionally, E-2 investors can bring managerial, supervisory, or essential employees from their home country under the same visa category. The significant number of Canadian E-2 investors in the US opens employment opportunities for Canadians within these companies. However, unlike the L-1 and TN visas, E-2 applications cannot be submitted at the border. You need to apply at a US consulate in Toronto or file a change of status application with US Citizenship and Immigration Services (USCIS) while already in the US. To learn more, visit E2 visa to green card or contact our E-2 visa lawyers.
L-1 Visa: Intracompany Transfers
The L1 visa facilitates the transfer of employees within the same company, occupying executive, managerial, or specialized knowledge roles. This visa is available to companies with established US operations or those seeking to open a new US office. The initial L1 visa validity period depends on the company’s status: one year for new offices and three years for established ones. Similar to the TN visa, Canadians can apply for initial L-1 visa directly at CBP at land borders or major international airports in Canada. To learn more, contact our L1 visa lawyers or visit L1A to green card without employer, L1 termination, L1 visa change of employer and successful L1 visa for Canadian citizens.
Beyond Work Visas: Additional Considerations
Canadian citizens with existing nonimmigrant visas, such as F-1 student visas, may be eligible to apply for an EAD to work in the US. This document allows temporary work authorization with a specified validity period. Applications are submitted through USCIS with supporting documentation like passports, visas, and I-94 arrival/departure records. Processing times can vary, typically taking 3-5 months. However, 15-business day premium processing is available for an additional fee. It is crucial to note that not all nonimmigrant visa categories qualify for an EAD. Consult with an immigration attorney to determine your eligibility and application requirements.
Canadian citizens working in the US are subject to US federal and state income taxes, Social Security, and Medicare taxes. However, the Canada-US Tax Treaty may offer specific tax benefits. Consulting with a tax professional ensures compliance with all US tax laws and regulations.
Obtaining social security by itself does not give the right to work. Rather, if you have a valid U.S. work visa, employment authorization card, or other work permit, you can get a Social Security number. This allows employers to pay you and withhold taxes for Medicare and Social Security.
US labor laws offer protection to Canadian citizens working in the US. These laws guarantee fair wages, safe working conditions, and other benefits. The US Department of Labor enforces these regulations.
The Affordable Care Act (ACA or Obamacare) mandates that employers with more than 50 employees provide healthcare coverage to their workers. Additionally, Canadian citizens working in the US may be eligible for other benefits like retirement plans, paid time off, and disability insurance, depending on company policies and employment duration.
Malescu Law can assist
Canadian citizens who wish to work in the United States must obtain a work visa before they can legally work in the country. The process for obtaining a work visa can be complex and time-consuming, and it is recommended that individuals seek the assistance of an experienced immigration attorney.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
