ALEX BARAK

WORKING IN THE U.S.

To apply for a work visa, a Canadian citizen needs a job offer from a U.S. employer who can sponsor/petition for the employee, such as a NAFTA TN professional visa or an H-1B visa, known as the specialty occupation or university graduate visa. In certain situations, the employer can be  a new company set up by the Canadian, such as an E-1 “export to Canada trading visa,”  E-2 investor visa, L-1 visa,  “manager transfer to new U.S. subsidiary, or newly purchased U.S. company.”  There are several categories of work visas that Canadians can use, depending on the individual circumstances of employment. Many categories for Canadians have a  fast service not available to citizens of other countries.
See full article on E-2 visa, E-1 visa, L-1 visa.

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MARRYING A U.S. CITIZEN

Marriages between Canadians and U.S. citizens are quite common.  A Canadian marrying a U.S. citizen in a bona fide marriage is entitled to a green card, also known as permanent residency, although if married less than two years, at first one obtains a two-year green card; then before the expiration of the two-year card, an application for the permanent one must be filed.

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GREEN CARDS

Green cards allow foreign citizens to work and live in the U.S. as long as the person resides here over 50% of all days each year. The green card holder, also known as a Lawful Permanent Resident,   cannot vote or serve in a jury. Canadian citizens can get a green card through any of the four primary methods:

• Employment;

• Marriage

• Family relationships; and

• Investment in a U.S. business.

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A Canadian citizen must have a sponsor/petitioner, a U.S. family member or employer, in order to receive a green card in most cases. Persons at the very top of their fields, of extraordinary talent in sciences, arts, education, business, or athletics, may be able to petition for a green card themselves, known as a “self-petition.”

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INVESTMENTS

Canadians may invest in a start-up U.S. company in exchange for an E-1 export trader visa, the E-2 investment visa, or L-1 visa, where a manager from Canada is transferred to a U.S subsidiary, new or existing. For green cards, there is the EB-1 multinational manager and the EB-5 green card, the latter of which requires, at the present time, either a 500K or $1M investment, and 10 or more American workers are hired as a result thereof.
See full article on E-2 visa, E-1 visa, L-1 visa.

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VISITING, SHORT TERM

Canadian citizens are permitted to visit the U.S. for up to six months in any twelve-month period. No entry may exceed 180 days. A B-2 status is for visiting family and friends, coming for vacation, seeking medical treatment, and certain other situations. B-1 visas are for those coming to the U.S. for business purposes, such as to consult with associates, attend a convention or seminar, negotiate a contract, or settle an estate. Athletes competing for prize money can come under B-1 status. 

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STUDENTS

Many students come from Canada every year for a university or graduate education in the U.S. Most students enter on an F visa, though sometimes also with M or J visas.

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CITIZENSHIP

To obtain U.S. citizenship, called the naturalization process, an applicant must first have a green card. A green card holder can apply for U.S. citizenship either three years after becoming a permanent resident by marriage or five years after through all other means. A person granted asylum, then a green card gets a one year period of residency dated to one year before he/she is approved for said green card. 

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The continuous residence requirement means that applicants must be physically present in the U.S. over 50% of the year and have no absence of six months or more. Not paying taxes, owing taxes, owing child support or alimony, or any criminal arrest can prevent approval of citizenship. Certain criminal cases, including non-traffic misdemeanors, can cause a green card holder to not only be denied citizenship but to lose his/her green card and be deported to their home country. The citizenship test, involving questions about U.S history, civics, and geography, as well as reading out loud one presented sentence and writing one sentence, is fairly easy to pass.

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Once granted naturalization, or U.S citizenship, the applicant can then obtain a U.S passport from a different government agency known as the U.S Passport Agency, a division of the U.S. Department of State.