Canadian Workers: Special Rules

Certain classes of Canadian and Mexican workers coming to the U.S. to work may be eligible for a shortened visa process or completely avoid the application process in certain cases.

For more information on Mexican workers, click here.

Canadian Workers:

Depending on the position in question, Canadians working in the U.S. may be eligible for one of the following:

(A) a shortened visa application process
(B) certain NAFTA exceptions to work visas
(C) H-1 visa alternative status (TN Status)
(D) L-1 visa alternative status

(A) Shortened visa process for Canadian specialty workers or intracompany transferees (H-1B, H-2B, L-1) requires:

• petition approval
• proof of Canadian citizenship to enter and work during the duration of their status
• Part two, the visa application, is NOT required.

(B) NAFTA Exceptions: Canadian consultants, sales professionals or others who are contributing to free trade under the new NAFTA rules

(C),(D) TN status allows the worker to avoid the visa application process by proceeding directly to a port of entry and presenting some or all of the following documents:

• Evidence of Canadian citizenship
• Written proof of your occupation
• In some cases, copies of diplomas or licenses
• Evidence of the profession listed under approved positions under NAFTA

Disadvantage of this process: these cases cannot be appealed like traditional work visas (i.e. H-1, L-1) can if application is denied.

Who is NOT eligible: E-1 and E-2 treaty traders and investors are required to apply for a visa.