As you can see by the list below, there are a number of options
available to enter the US , but you must fit into one of the "boxes"
below as no "special circumstances" are permitted. The decision
on which visa to pursue depends on what you are trying to accomplish
and understanding the pros and cons of each alternative in achieving
your desires. The primary visas used for Canadians making
the transition to the US are E-1 , E-2
, F-1 , H-1B , K-1
, K-3 , L-1 , L-2
and TN .
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|
B-1
|
| Visitor
for Business - this visa is what
you receive when you attend a conference, visit a branch
office or subsidiary in the US |
 |
don't typically receive
a passport stamp |
|
no application required
|
|
good for six months only
|
|
not eligible to work in
the US |
|
|
|
B-2
|
| Visitor
for Pleasure - this visa is what you receive when
you visit family or "snowbird" in the US |
|
don't typically receive
a passport stamp |
|
no application required
|
|
good for six months only
|
|
not eligible to work in
the US |
|
|
 |
|
E-1
|
| Treaty Trader
(importer/exporter) - works for a Canadian owned/controlled
firm in the US and the position involves abilities essential
to operation of the US firm |
|
issued for two years |
|
renewable for as long as
you continue to qualify |
|
does not lead to a Green
Card |
|
must file tax returns annually |
|
|
|
E-2
|
| Treaty Investor
- substantial investment in a business to create
U.S. jobs |
|
issued for two years |
|
renewable for as long as
you continue to qualify |
|
does not lead to a Green
Card |
|
must file tax returns annually |
|
|
|
F-1/
OPT
|
| Student
- for students seeking an education in the US |
|
you must prove you have sufficient funds
to support yourself and your family for the duration of
your studies |
|
issued for each year of study and once
studies completed must return to home country |
|
does not lead to a Green Card |
|
able to work on campus without permission
of the INS, off campus in certain circumstances |
|
typically don't have to file tax returnsOptional
Practical Training - allows the student to work
and live in the US on a temporary basis for training purposes
only |
|
extension of the F-1 visa |
|
work must be related to field of study
|
| |
issued for an additional 12 months after
F-1 |
|
does not lead to a Green Card |
|
|
|
F-2
|
| Dependent
- spouse and dependent children of an F-1 student
visa holder |
|
no work in the US permitted |
|
|
|
H-1B
|
| Specialty
Workers - typically for professionals that have
a degree (or equivalent experience) and a job that must
require that degree |
|
no work in the US permitted |
|
renewable once for a total
six year stay |
|
typically used when you
can't qualify for a Green Card but can lead to a green
card |
|
annual quota of 65,000 that
starts each October 1 |
|
must file tax returns annually |
|
|
|
H-2A
|
| Seasonal
Farm Workers - labor certification required to confirm
there is a short supply |
|
issued for one year |
|
renewable for two additional
terms (max three years) |
|
expensive and rarely used |
|
|
|
H-2B
|
| Unskilled
Labor - for non-farm workers, labor certification
required to confirm thee is a short supply |
|
issued for one year |
|
renewable for two additional
terms (max three years) |
|
expensive and rarely used |
|
|
|
H-3
|
| Trainees
- intended for those coming to the US to get on-the-job
training and then return back to their foreign country
|
|
issued for one year (maximum)
|
|
extension possible for additional
two years (max three years) |
|
|
|
H-4
|
| Dependent
- any spouse or dependent child of any H visa holder
|
|
no work permitted |
|
|
|
I
|
Media - for media correspondents, representatives,
employees and their families, a popular visa during the World
Trade Center tragedy
|
|
|
J-1
|
| Exchange
visitor - for those in an approved exchange program
for education, culture or employment and is used primarily
by doctors, professors or scientists here to study |
|
issued for term of program
(pre-defined) |
|
don't typically have to
file taxes |
|
does not lead to Green Card |
|
|
|
J-2
|
| Dependent
- spouse and dependent children of J-1 exchange
visitor visa holder |
|
no work permitted unless
separate authorization obtained |
|
|
|
K-1
|
Fiancées - for those about to move to the
US and wed a US citizen within 90 days of entry
|
|
|
K-2
|
Dependent - minor, unmarried children under age 21 of K-1
Fiancée visa holders
|
|
|
K-3
|
| SPOUSES - for
those moving to the US with a US citizen spouse while
waiting for their immigrant visa to be processed |
|
issued for two years only
|
|
work authorization granted
for two years only |
|
must continue the I-130
petition process or change of status application filed
and active with US Citizenship and Immigration Services
(USCIS) |
|
|
|
K-4
|
Dependents - minor, unmarried children under age
21 accompanying a K-3 spousal visa holder
|
|
|
L-1
|
| Intra-company
transfer - for companies with a presence in both
Canada and the US and need to transfer executives, managers
or those with specialized knowledge between subsidiaries
in both countries |
|
must work in foreign country
for at least one of the past three years |
|
issued for two years only
but can be renewed for a total of seven years |
|
"short-cut" to a Green Card
|
|
must file tax returns annually |
|
|
|
L-2
|
| Dependent
- spouse and dependent children of an L-1 intra-company
transfer visa holder |
|
work permitted |
|
|
|
M-1
|
| Vocational/Non-degree
students - for those studying in the US but not
leading to a degree |
|
issued for one year with
annual extensions |
|
one month of work for each
four months of study allowed after study completed |
|
typically don't have to
file tax returns |
|
|
|
N
|
Special Immigrants - for the parents and children
of certain special immigrants
|
|
|
O-1
|
| Extraordinary
Ability - for those with sustained national or international
acclaim for displaying extraordinary ability in the arts,
sciences, business or athletics |
|
issued for three years
initially and then renewable for one year or the period
of the event, whichever is less |
|
used primarily by the professional
athletes coming from Canada to play in the US |
|
there is an annual quota
on this visa |
|
must file annual tax returns |
|
|
|
O-2
|
| Assistant
to O-1 visa holder - must have abilities of vital
importance to O-1 visa holder |
|
must file annual tax returns |
|
|
|
O-3
|
| Dependent
of O-1 visa holder - spouse and dependent children
|
|
no work permitted |
|
|
|
P-1
|
| Performing
Entertainers & Athletes - for those with less
acclaim than O-1 visa holders |
|
issued for up to five years
and extendable to ten years |
|
quota of 25,000 visas annually
for all P categories |
|
must file annual tax returns |
|
|
|
P-2
|
| Exchange
Program - for those artists and entertainers in
a reciprocal exchange program with a foreign country |
|
typically don't have to
file tax returns |
|
|
|
P-3
|
| Unique Abilities
- for those artists and entertainers that are culturally
unique |
|
typically don't have to
file tax returns |
|
|
|
P-4
|
| Dependent
of P visa holder - spouse and dependent children
|
|
no work permitted |
|
|
|
Q-1
|
| Cultural
Exchange Visitor - cultural employment exchange
program run by the INS |
|
must be engaged in business
for at least two years |
|
must employ at least five
people |
|
|
|
TN
|
| Trade NAFTA
visa - a unique category based on the North American
Free Trade Agreement (NAFTA) between the US, Canada and
Mexico |
|
includes a specific list
of professions that are eligible (medical professionals,
scientists, engineers, computer professionals, accountants,
consultants) |
|
must have a degree (unless
a management consultant) |
|
renewable annually for an
unlimited period of time |
|
does not lead to a Green
Card |
|
must file tax returns annually |
| Religious
Workers - for workers within a religious organization
|
|
must be part of same religious
denomination for at least two preceding years |
|
issued for a maximum of
five years |
|
|
|
V
|
Spouses and minor children of lawful permanent residents
of US waiting for more than 3 years for immigrant visas
|
