For many Canadians, moving to the United States for work or investment opportunities can be a life-changing decision. The U.S. offers several visa options tailored to business professionals, executives, and skilled workers. Understanding the nuances of these visas can make the immigration process smoother and help ensure a successful transition.
This guide explores five key U.S. visas that Canadians may consider when looking to work or invest in the U.S.: L-1A, L-1B, E-1, E-2, and TN visas.
1. TN Visa: NAFTA (USMCA) Work Visa for Canadian Professionals
The TN visa is available to Canadian and Mexican professionals under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. It is a popular choice for Canadians in professions such as engineering, accounting, science, and law.
Eligibility Requirements:
- The applicant must be a citizen of Canada.
- The job must be in a pre-approved profession listed under the USMCA.
- The applicant must have the qualifications required for the profession.
- A job offer from a U.S. employer is required.
Key Benefits:
- Fast processing: TN visa applications can be made at a port of entry or pre-flight inspection.
- No annual cap on visas, making it accessible year-round.
- Initially granted for up to three years, with unlimited renewals.
For more details, visit Ackah Law’s page on the TN Visa. Watch Evelyn Ackah’s TN visa video here.
2. L-1A Visa: Intracompany Transferee for Executives and Managers
The L-1A visa is designed for executives and senior managers of multinational companies who need to transfer from a foreign office to a U.S. branch, subsidiary, or affiliate. This visa allows Canadian businesses to expand into the U.S. by sending key personnel to manage operations.
Eligibility Requirements:
- The applicant must have worked for a related foreign company for at least one continuous year within the past three years.
- The U.S. company must have a qualifying relationship (e.g., parent, subsidiary, or affiliate) with the Canadian company.
- The individual must be moving to the U.S. in a managerial or executive capacity.
Key Benefits:
- Initial stay: Up to one year for new offices, or three years for established businesses.
- Extensions available: Up to a maximum of seven years.
- Dual intent: Unlike some other visas, L-1A visa holders can apply for a Green Card (permanent residency) without disrupting their visa status.
For more details, visit Ackah Law’s page on the L-1 Visa. You can also watch Evelyn Ackah’s video discussing L-1 visas for Canadians here.
3. L-1B Visa: Intracompany Transferee for Specialized Knowledge Employees
The L-1B visa is designed for employees with specialized knowledge of a company’s products, services, or proprietary techniques. This visa enables multinational companies to transfer employees with unique expertise to their U.S. operations.
Eligibility Requirements:
- The applicant must have worked for the foreign company for at least one year within the past three years.
- The applicant must possess specialized knowledge of company operations that is crucial to business success.
- The U.S. and Canadian companies must have a qualifying business relationship.
Key Benefits:
- Initial stay: Up to three years.
- Extensions available: Up to a maximum of five years.
- No requirement for a university degree, making it accessible to professionals with practical experience.
For more details, visit Ackah Law’s page on the L-1 Visa.
4. E-1 Visa: Treaty Trader Visa
The E-1 visa is an excellent option for Canadians involved in substantial trade between Canada and the U.S. This visa is ideal for businesses that rely heavily on cross-border trade in goods, services, banking, insurance, and technology.
Eligibility Requirements:
- The applicant must be a citizen of a treaty country, such as Canada.
- The U.S. business must be at least 50% owned by nationals of the treaty country.
- The trade between the U.S. and Canada must be substantial and ongoing.
Key Benefits:
- No limit on renewals, as long as the trade remains ongoing.
- Spouses of E-1 visa holders can work in the U.S. without requiring a separate work visa.
For more details, visit Ackah Law’s page on the E-1 Visa.
5. E-2 Visa: Treaty Investor Visa
The E-2 visa is ideal for Canadian entrepreneurs and investors who want to start or buy a business in the U.S. It allows investors to live and work in the U.S. while managing their investment.
Eligibility Requirements:
- The applicant must be a citizen of a treaty country (Canada qualifies).
- The investment must be substantial and at risk, meaning the funds are committed to the business.
- The business must be real and operating, not just a passive investment.
Key Benefits:
- No set investment minimum, but it should be enough to sustain the business.
- Spouses can work, and children can attend school in the U.S.
- Renewable indefinitely as long as the business remains active.
For more details, visit Ackah Law’s page on the E-2 Visa. Watch Evelyn Ackah’s video about the E-2 visa process here or visit Ackah Law’s page on the E-2 Visa.
Conclusion
Navigating the U.S. immigration process can be complex, but with the right information, Canadians can make informed decisions about their work or investment opportunities. Whether you’re an executive expanding a business (L-1A), a specialized knowledge employee (L-1B), a trader (E-1), an investor (E-2), or a professional under the TN visa, the key is ensuring you meet all eligibility requirements and prepare a strong application.
For personalized guidance, consulting an experienced U.S. immigration lawyer can make the process much smoother. Ackah Law specializes in cross-border immigration and can provide expert advice tailored to your specific needs.
For more information, visit Ackah Law or book an initial call with a client engagement coordinator today!
For more detailed information on these visas, you can refer to the following resources:
Ackah Law Website Pages:
- L-1 Visa (Intracompany Transferee for Executives, Managers, and Specialized Knowledge Workers): https://www.ackahlaw.com/services/cross-border-business-and-us-immigration/intra-company-job-transfers-l-1-visa
- E-1 Visa (Treaty Trader Visa) & E-2 Visa (Treaty Investor Visa): https://www.ackahlaw.com/services/cross-border-business-and-us-immigration/treaty-traders-and-investor-e-1-and-e-2-visas
- TN Visa (NAFTA/USMCA Professional Work Visa for Canadians and Mexicans): https://www.ackahlaw.com/services/cross-border-business-and-us-immigration/tn-nafta-visa
- Further Visa Information: Episode 88: Exploring Work Visas Cross-border Strategies for Professionals to Canada and the U.S. | Ackah Law
Ackah Law YouTube Videos:
- L-1 Visa for Canadians (Intracompany Transfer Process) & TN Visa for Canadian Professionals: https://youtu.be/IwgzcXDmiHE
