Established in 1979

Grasmick's U.S. Visa Selector-Interactive Flowchart for Canadians

Questions-Begin Here:

1. Has green card?

 

2. Born in U.S., even if Canadian citizenship acquired?

 

3. Had green card for 3-5 1/2+ years?

 

4. One or more parents or grandparents born in U.S., passing on citizenship [section 5.2]?

 

5. Has U.S. citizen or green-card parent, child, spouse, sister, brother [section 5.2]; can wait for a visa? [section 2.4 (b)(i)]

 

6. Has job offer or existing/prospective business in U.S.?

 

7. Can wait 1 1/2 - 3 1/2+ years for green card before working?

 

8. No active management in U.S.; only brief business trips over short time period?

 

9. Profession on list of TN free trade professionals? (See the list.)

 

10. Has specialized university bachelor's degree that at least partially relates to job duties?

 

11. Has 3 years' professional experience for each missing year of bachelor's degree?

 

12. Company Canadian-owned with substantial Canada-U.S. trade or substantial past or future investment in U.S.?

 

13. Worked 1 yr. within prior 3 yrs. in Canada in high-level position; will work in U.S. for same or affiliated company?

 

14. Meets all these requirements:

• Can demonstrate sustained national or international acclaim
• Can demonstrate recognition of achievements through extensive documentation
• Worker possesses extraordinary ability in the sciences, arts, education, business or athletics
• Position or services to be performed require a worker with extraordinary ability?

15. Willing to work 1-2 yrs. without getting green card from sponsoring employer?

 

16. Employer can set up training program?

 

Immigration Permits Selected by Your Answers:

1. Returning Resident: Full permanent residency [section 4.6]

1. Main procedural step: Strengthen U.S. links then use old green card
2. Initial duration of status: If produced after August 1/89, a routine renewal required
3. Total time-limit cap on the category: 10-yr. time cap only on cards produced after Aug. 1/89
4. Processing time: No waiting
5. Major advantage: No additional applications
6. Major disadvantage: INS can invalidate green card
7. Tips for further research: See the question "How can I keep my Green Card while working abroad?" on the FAQ-Frequently Asked Questions.

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2. U.S. Citizen; Dual Citizen [Ch.5]

1. Main procedural step: Apply for U.S. passport
2. Initial duration of status: Naturalization valid forever
3. Total time-limit cap on the category: No expiration, just renew passport
4. Processing time: One day to several months
5. Major advantage: Has full citizen's rights; no sponsor required
6. Major disadvantage: Questionable cases hard to document
7. Tips for further research: See the question "Can someone hold dual citizenship, U.S.A. and Canada?" on the FAQ-Frequently Asked Questions.

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3. U.S. Citizen; Dual Citizen [Ch.5]

1. Main procedural step: Apply for U.S. passport
2. Initial duration of status: Naturalization valid forever
3. Total time-limit cap on the category: No expiration, just renew passport
4. Processing time: One day to several months
5. Major advantage: Has full citizen's rights; no sponsor required
6. Major disadvantage: Questionable cases hard to document
7. Tips for further research: See the question "Can someone hold dual citizenship, U.S.A. and Canada?" on the FAQ-Frequently Asked Questions.

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4. U.S. Citizen; Dual Citizen [Ch.5]

1. Main procedural step: Apply for U.S. passport
2. Initial duration of status: Naturalization valid forever
3. Total time-limit cap on the category: No expiration, just renew passport
4. Processing time: One day to several months
5. Major advantage: Has full citizen's rights; no sponsor required
6. Major disadvantage: Questionable cases hard to document
7. Tips for further research: See the question "Can someone hold dual citizenship, U.S.A. and Canada?" on the FAQ-Frequently Asked Questions.

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5. Green Card with U.S. Relative-Sponsor: Full permanent residency [section 4.4]

1. Main procedural step: Relative files petition with U.S. consulate or local INS office
2. Initial duration of status: If produced after Aug. 1/89, a routine renewal required
3. Total time-limit cap on the category: 10-yr. time cap only on cards produced after Aug. 1/89
4. Processing time: From 90 days to many years
5. Major advantage: No U.S. employer needed
6. Major disadvantage: Potential long wait [section 2.4 (b)]

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6. Special cases could include:

• Visa lottery winners [section 4.4A]
• Natives of the Philippines
• War veterans
• Expatriated U.S. citizens whose cases could be reopened. (See the Electronic Newsletter for new developments on citizenship.)
• Special occupations allowed under B-1 status, such as horse sulky drivers, ethnic performers, people who sell and service Canadian-made products in U.S.

If any of the above are applicable to your potential employee, consult a U.S. immigration specialist.

If this Visa Selector finds no options, consider a telephone consultation with me. Chances are, if your company needs someone badly enough, there is a way.

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7. Green Card with Employer-Sponsor: Full permanent residency [section 4.1-section 4.3]

1. Main procedural step: Employer applies to local Labor Dept. office or INS Regional Center
2. Initial duration of status: If produced after Aug. 1/89, a routine renewal required
3. Total time-limit cap on the category: 10-yr. time cap only on cards produced after Aug. 1/89
4. Processing time: 1 1/2 - 3 1/2+ years
5. Major advantage: Indefinite, or 10-year validity
6. Major disadvantage: Much paperwork; long wait [section 2.4(b)(i)]
7. Tips for further research: See information about Green Cards on the FAQ-Frequently Asked Questions and on the New Developments-Electronic Newsletter pages.

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8. B-1, Temporary Business Visitor [section 3.1]

1. Main procedural step: No work permit needed; no prior application
2. Initial duration of status: 1-year maximum/trip (FTA)
3. Total time-limit cap on the category: No time cap
4. Processing time: Instant approval at the border.
5. Major advantage: Quick; little paperwork
6. Major disadvantage: Limits type of work done in U.S.

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9. TN, Free Trade Professional: Full work permit [section 3.2B]

1. Main procedural step: Apply at border only. Renew or change status either by mail or at the border. (See the FAQ-Frequently Asked Questions for advantages of each approach.)
2. Initial duration of status: 1-year maximum
3. Total time-limit cap on the category: No time cap
4. Processing time: Instant approval
5. Major advantage: Quick
6. Major disadvantage: Lasts only 1 year; frequent renewal required.
7. Tips for further research: For more information about the TN see the FAQ-Frequently Asked Questions.

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10. H-1B, Managerial/Professional Worker: Full work permit [section 3.2A]

1. Main procedural step: Send application to Labor Dept. and INS first
2. Initial duration of status: 3- then 3-year maximum/trip
3. Total time-limit cap on the category: 6-year time cap
4. Processing time: 6-10 wks. to approve
5. Major advantage: Lasts a long time
6. Major disadvantage: Much paperwork if professional status not clear

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11. H-1B, Managerial/Professional Worker: Full work permit [section 3.2A]

1. Main procedural step: Send application to Labor Dept. and INS first
2. Initial duration of status: 3- then 3-year maximum/trip
3. Total time-limit cap on the category: 6-year time cap
4. Processing time: 6-10 wks. to approve
5. Major advantage: Lasts a long time
6. Major disadvantage: Much paperwork if professional status not clear

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12. E-1 Treaty Trader [section 3.3A]; E2, Treaty Investor [3.3B]: Full work permit

1. Main procedural step: Send application to U.S. Consulate
2. Initial duration of status: 1-yr. maximum/trip; renewable visa stamp for 5 yrs.
3. Total time-limit cap on the category: No time cap
4. Processing time: 4-8 wks. to approve
5. Major advantage: Indefinite validity; 5 yrs. at a time
6. Major disadvantage: Much paperwork

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13. L-1 Intracompany Transferee: Full work permit [section 3.4]

1. Main procedural step: Send application to INS first or apply at border
2. Initial duration of status: 1-3 yr. maximum/trip; renewable
3. Total time-limit cap on the category: 7-yr. time cap for Executives or Managers, 5-yr. time cap for Specialized Knowledge Workers
4. Processing time: 4-6 weeks to approve
5. Major advantage: Lasts long time
6. Major disadvantage: Eventual time cap; much paperwork
7. Tips for further research: See information about the L-1 on the FAQ-Frequently Asked Questions.

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14. O-1, Extraordinary Ability Worker: Full work permit [section 3.2A-1]

1. Main procedural step: Send application to INS first
2. Initial duration of status: 3 yrs. maximum initially
3. Total time-limit cap on the category: No defined cap; may be valid for the amount of time necessary to accomplish the event
4. Processing time: 6-10 weeks to approve
5. Major advantage: After initial approval, renewals and re-admissions should be easier
6. Major disadvantage: Requires consultation with peer group. Much paperwork including expert affidavits

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15. H-2B, Temporary Worker: Full work permit [section 3.6]

1. Main procedural step: Apply to Labor Dept. first, then to INS
2. Initial duration of status: 1-yr. maximum initially; possible additional year
3. Total time-limit cap on the category: After 2-yr. total stay, renewal difficult
4. Processing time: 2-6 mos. to approve
5. Major advantage: No professional status needed
6. Major disadvantage: More paperwork than any other temporary visa; long processing time; cannot convert to green card with original employer as sponsor

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16. J-1 Exchange Visitor: Full work permit [section 3.5]

1. Main procedural step: Canadians need only to appear at port of entry
2. Initial duration of status: Duration of status depends on type of training program
3. Total time-limit cap on the category: Time cap depends on program
4. Processing time: 4-6 wks. to approve
5. Major advantage: Good for those who do not qualify elsewhere
6. Major disadvantage: Cannot work outside of training duties; rigid requirements

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17. Special cases could include:

• Visa lottery winners [section 4.4A]
• Natives of the Philippines
• War veterans
• Expatriated U.S. citizens whose cases could be reopened. (See the Electronic Newsletter for new developments on citizenship.)
• Special occupations allowed under B-1 status, such as horse sulky drivers, ethnic performers, people who sell and service Canadian-made products in U.S.

If any of the above are applicable, consult a U.S. immigration specialist.

If this Visa Selector finds no options, contact us. Chances are, if your company needs someone badly enough, there is a way.

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About The Visa Selector

Created for the Web from Information in the Canada-U.S. Business Immigration Handbook.

Discover the immigration options for a potential Canadian employee. The following questions identify some U.S. visa options. This Visa Selector will only work well for Canadian citizens.

This information is in full traditional flowchart format in the Canada-U.S. Business Immigration Handbook. (The Handbook also contains flowcharts on many other immigration subjects.)

Section references in the text below refer to the Handbook print version.

The information is interactive. Select YES or NO at each question. You will then either go to the answer or to another question. Once you find an option, go back and continue with the next question. You may find more than one option to discuss with us.

You can find the text corresponding to section numbers in the full text version of the Handbook.

You will find that most Canadians can get L-1, TN or B-1 permits---right at the border. Nevertheless, you may discover an unexpected loophole in the immense immigration world!

This interactive page is merely a "quick and dirty" way to produce topics for further research. Put another way, there is still a use for lawyers! We find that clients who know immigration law, make better clients. We can save time by focusing on the truly complex questions, dispensing with the basics.

Once you've identified some potential visa categories you can:

• Return to the home page and continue your research.
• Follow the hypertext links within this page.
• Refer to the question on the FAQ, "Do I Need a Lawyer?" See what immigration counsel and our office can do to build on your research.
• Contact our office.
• Study extensive materials on each option in the Handbook.

Pointer: Bookmark this page. Use it to quickly screen Canadian job applicants.

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