How do United States employers hire non-resident workers?

United States employers sometimes need to bring an employee into the country from Canada to complete a specific job. Alternatively, the employer may have a special connection to a particular employee and desire his or her presence on site. In order to bring an employee into the United States, special immigration process must be followed.

When a U.S.-based employer wants to hire an employee living in Canada for permanent work, the employer needs to file the Form I-140 (Petition for Alien Worker). The employer may also need to fill out a labor certification request (ETA 750). If temporary (but not seasonal) work is required, then employers will compete an I-129 form.

Seasonal workers, who usually enter the United States for agricultural jobs, are in another category. They require a temporary labor certificate via the H-2A Temporary Foreign Worker Program.

As another important element of this process, employers need to show that the Canadian worker will not be competing against the ability of similarly-situated U.S. workers for the position. If the certification of entry is ultimately granted, the employer will be responsible for the $100 fee, in addition to $10 for every job opportunity that is certified. Fees could be as high as $1,000 for every granted certification.

The process of applying for a U.S. work visa can be involved. It can also be assisted with the help of an experienced immigration lawyer. By speaking with a lawyer, British Columbia residents can determine the best legal strategies that could assist them in obtaining the employment visa they require.

Source: Monster, "Employer Rules for Hiring Non-US Workers," Dan Woog, accessed July 28, 2016

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