You may qualify for the job but do you qualify to enter the U.S.?

If you are a British Columbia resident who has received a job offer from an American company, you will likely have several questions about the requirements and procedures to follow to make sure the process is smooth and legal. What makes the process complicated is the fact that it involves the laws of two countries. Furthermore, there may be wait times due to annual approval limits that could come into play.

Answers to legal questions are available from immigration lawyers, but would you need to hire a lawyer on each side of the border to deal with the respective legalities? Not necessarily, as you can seek the support and guidance of a Vancouver lawyer whose registration to practice is valid on both sides of the border.

Legal requirements for the employer

You lawyer will ensure that the employer who offered you employment complies with the laws on his or her side of the border. That employer will have to show that you have the authorization to work in the United States. Even if you already hold a green card, there are employment verification requirements with which the employer must comply. Otherwise, the U.S. company must file a petition on your behalf, seeking classification as either an immigrant for a permanent position, or nonimmigrant for temporary employment.

Legal requirement for an employee

You may not accept unauthorised employment in the United States. However, your immigration status -- if you are already in the U.S. -- may authorise you to accept employment. If the United States granted you refugee status or asylum or if you have been admitted to enter the United States as a permanent resident or a nonimmigrant worker, you may not need to go through an employment authorization process.

There are multiple ways in which you may accept employment in the United States, and different aspects of your job will determine the type of visa you need. Each visa has different requirements and features that might prove to be more complicated than anticipated. The field of your expertise will play an important role in the process, and it may include arts, sciences, medicine, business specialities, education or more.

How to best ensure you meet the requirements

With skilled legal guidance and support, you can properly obtain the visa that will align with the duration and the nature of your job. There may be other requirements to warrant your entry into the United States as well, and your experienced lawyers can ensure that all of these items are covered. Furthermore, your legal representation can make sure your documents will substantiate eligibility upon inspection by immigration officers.

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