U.S. Immigration

Frequently Asked Questions

• What are the requirements to obtain a work visa in the U.S.?

  If you’re a foreign national planning to work the U.S., you will want to apply for a work visa. It’s important to know all you need in order to obtain it.

  A job offer

  Before you can apply for your work visa, you will usually have to have a job offer already lined up in the United States. Your employer must provide the government with certain documents before you can apply for your visa.

  Petition and obtain labor certification approval

  Your new employer will have to file a Petition for Nonimmigrant Worker with the United States Customs and Immigration Services (USCIS), Form I-129. This petition must have been approved by the USCIS before you begin the process of applying for your work visa.

  The Department of Labor (DOL) must approve your certification to work. Your employer will need to get a certification from the DOL by applying for it on your behalf before filing the petition with the USCIS.

  Certain work visas require certification as a prerequisite. It attests to the government that foreign employees are necessary, and that the position cannot be filled with American employees.

  What else is necessary?

  You need a current passport for your stay in the U.S. that must be valid for six months after you return to your home country. It should include a photo meeting certain specifications that you will upload when you apply online for your work visa.

  You need the Receipt Number from Form I-129, a confirmation page that you’ve completed DS-160 Form, the Nonimmigrant Visa Application and a receipt showing that you paid the application fee of $190. There may be additional fees based on your location.

  You must also show proof that you intend on returning to your home country once your work in the U.S. is complete. You can include any information that proves your intentions – such as family relationships, your future long-term plans, the residence you’re returning to and your financial situation.

  You might have to include additional documents. It’s wise to contact an experienced immigration lawyer to get any information you need.

• Which U.S. visa is the right one for you?

  British Columbia residents who have the opportunity of obtaining employment in the United States may have many questions about the procedures to follow. Different visas could apply to U.S. employment immigration, and navigation of the legal procedures could be challenging. The type of visa required depends on the occupation of the person, his or her level of education and more.

  The H visas cover various employment fields for those immigrating to the United States. H-1A visas are meant for registered nurses, and H-1B applies to holders of bachelor’s degrees filling positions requiring their specialised knowledge. Agricultural workers and others in fields in which there is a shortage of U.S. workers may apply for H-2 visas. The latter group of potential immigrants must provide the sponsoring employer’s documentation that no qualified workers with U.S. residency were willing or available for those positions.

  Other employment visas include L-1 intra-company transfer visas for those transferred from a foreign office to a U.S. office of the same company. These typically involve executives or specialty employees going to the United States to provide training or work on specific operations. O visas apply to nationally or internationally known athletes or other individuals with extraordinary skills and abilities, and groups or teams with such abilities would apply for P visas — such as international sports teams. Lastly, religious workers travelling to the United States must apply for R visas.

  Reading all this may exacerbate the confusion of any British Columbia resident looking to accept employment in the United States. There are also requirements related to the need for an employer who is offering the applicant a job to act as the sponsor for visa purposes. Individuals who face the challenge of navigating the employment immigration process may utilize the skills of a seasoned immigration attorney who is experienced in cross border employment immigration issues between Canada and the United States.

  Source: FindLaw, “Temporary Worker Visas“, Accessed on Jan. 14, 2017

• What are the temporary U.S. visa requirements for employment immigrants?

  British Columbia residents who seek to travel to the United States for purposes other than relocating there may have many questions about the visa requirements. Along with employment immigration, other uses for non-permanent travel may include a pleasure trip, medical treatment, business or any purpose other than permanent relocation. Although there is a limited number of exceptions, travellers must obtain non-immigrant visas before travelling to the United States.

  Temporary or non-immigrant visas are valid for set durations and specific purposes, and British Columbia travellers must apply at the embassies or consulates in Canada. Once the person has crossed the border, he or she cannot apply for a visa. One of the requirements that may present a challenge is the need for the applicant to show existing strong ties in Canada to convince the Consular Officer of his or her intention to return upon the visa’s expiration.

  Another requirement for temporary visas is the financial statuses of the applicants to ensure they can support themselves for the duration of the validity of the visa. The purpose of the visit will determine the type of visa for which to apply, and applicants must show the validity of their claims to travel for particular purposes. Each type of temporary visa has unique requirements, related to its purpose, and the annual numbers of approved applications for some visa types are limited.

  British Columbia residents who require visas for employment immigration and other non-permanent trips into the United States may find the process to be quite a challenge. Fortunately, the services of an experienced law firm that is registered on both sides of the border are available. Lawyers who focus on providing support and guidance to employees, students, business travellers and more, can identify the type of visa needed and explain the requirements while taking care of the documentation.

  Source: FindLaw, “Non-Immigrant Visas Overview“, Accessed on Jan. 20, 2017

• Can Canadian tech workers still immigrate to the U.S.?

  British Columbia tech workers who had their eyes on jobs in the United States may be having second thoughts. A website that represents almost 10,000 companies and serves about 1.5 million individuals seeking jobs, recently revealed the results of a study in which over 175,000 job offers and interview requests from the past 12 months were examined. The results show that the employment of tech workers from foreign countries is considered more carefully than before. This is likely due to the current uncertainty about U.S. immigration policies.

  Reportedly, last year, there was a 60 percent drop in interview requests to foreign workers by U.S. companies from the second to the fourth quarter. It then increased slightly, but the second quarter of this year remained low, at only about two-thirds of the number of requests in the same period of 2016. An executive order signed in April now ensures that only the highest-paid and most-skilled applicants for H-1B visas are approved.

  A spokesperson for the website said tech talent worldwide still finds the United States a desired or attractive place to pursue their futures. However, foreign talent appears less interested or hesitant to submit job applications for employment opportunities in the U.S. tech industry. The rate of foreigners accepting interview requests over the last two quarters of last year was said to be 4 percent lower than before.

  While the U.S. tech industry remains interested in welcoming foreign talent, it is not always clear whether companies will be allowed to do that. However, British Columbia tech workers who believe they may qualify as “most-skilled or highest-paid” tech workers are free to apply for H-1B visas. It is often a challenging process, and many applicants seek the support and guidance of lawyers who focus on helping Canadian residents with U.S. immigration issues.

  Source: mercurynews.com, “Trump effect: U.S. firms wary of hiring foreign tech workers“, Queenie Wong, Aug. 10, 2017

• Do you need a green card or a visa to enter the U.S.?

  British Columbia residents who are planning to go to the United States for employment or other reasons may be confused about the requirements for legal entrance and the length of time they will be allowed to stay. With frequent changes to U.S. immigration regulations, it could be quite a challenge to navigate the necessary processes to ensure smooth entry at the border and during the stay. The first thing to understand is the difference between a visa and a green card, which is also called a Permanent Resident Card.

  Although both these documents can allow an individual to stay or live in the United States, there is a significant difference. Permanent U.S. residence and employment are allowed for those with green cards, while there could be a time limit attached to a visa. However, two types of visas exist — non-immigrant and immigrant visas.

  A person who holds a nonimmigrant visa will have a specific date by which he or she must leave the United States. These are typically issues for visitors, students, business people and such. In comparison, an immigrant visa — the same as the green card — allows an individual to stay in the United States and apply for U.S. citizenship. There are limited numbers of immigrant visas allocated annually, and they are typically obtained through sponsorship by employers, family or special immigration status.

  Any person from British Columbia or another country who remains in the United States beyond the expiry date on a nonimmigration visa might be removed and returned to his or her home country. To avoid such a situation, it might be wise to consult with a British Columbia lawyer who is experienced in dealing with U.S. immigration issues. A lawyer who is registered on both sides of the border can be invaluable if complications arise at the border or in the United States.

  Source: Echo Press, “Immigration issues and answers“, Celeste Edenloff, Oct. 25, 2017

• Which type of visa do you need to visit the U.S.?

  Whether you are a British Columbia citizen who wants to travel across the border for temporary employment, to study or to visit, getting the paperwork done can be a daunting task. With frequent changes to U.S. immigration laws and visa requirements, it can be nearly impossible to understand all of the intricacies involved without professional assistance. Having the process simplified might improve your chances of a successful visa application.

  Visas to authorize education, employment or training may require extensive documents, applications and petitions to demonstrate your eligibility. The fact that you have to navigate the laws of both Canada and the United States doubles the complexity of the process.

  Non-immigrant visas

  The first obstacle may be determining the type of visa for which to apply. Non-immigrant visas comprise of 20 different categories. However, the three main types are for business visitors and tourists, education, and temporary workers — each with subcategories. The following details might help you:

  • Education visas: If you are a student with a valid registration at an academic establishment, you must apply for the F-1 visa. This covers students at high schools, language schools, conservatories, universities, colleges or seminaries. However, if you plan to attend a non-academic or vocational program, you will need an M visa. Then there is the J visa that applies to exchange visitors like trainees, students, professors, teachers and more.
  • Temporary workers: To enter the United States as a temporary worker, you will need to apply for an H visa. If you are a professional such as a computer programmer or systems analyst, you must have an H-1B visa. However, agricultural workers need H-2A visas.
  • Business visitors and tourists: Business visitors are those who intend to engage in commercial transactions, and tourists visit the U.S. for pleasure. If this is your category, the B-1 or B-2 visa will apply to you. If you plan to do business and stay on as a tourist, you can apply for a multiple-purpose B-1/B-2 visa — which do not allow you to accept employment.
  • Others: Other non-immigrant visas include those for diplomats, aliens in transit, crewmembers, investors, foreign media representatives, religious workers and more.

  Where to find proper guidance and support

  It can be difficult to separate faulty information and misguided advice obtained from the internet from accurate information regarding immigration issues. For that reason, the most appropriate route might be to consult with a Vancouver law firm whose focus is on U.S. immigration, and one that is fully familiar with the legalities on both sides of the border. If you work with a firm that is a trusted source of up-to-date immigration advice, it can increase your chances of a favourable outcome.

• How does the U.S. immigration Visa Bulletin work?

  The U.S. Visa Bulletin is published every month, and it serves to update employment- or family-sponsored visa applicants with the status of their applications. British Columbia residents who have visa applications filed with U.S. immigration can keep track of their positions in the queue by studying the bulletin. This is where they will be able to tell when their visas are available, which will allow them to file an application for a green card or adjustment of status.

  The time an applicant has to wait depends on various matters. Only a specific number of visas for immigrants are issued every year, and the number already issued that year, along with the demand for visas, will play a role in the waiting time. There are also limits to the numbers of visas available for issue per country along with limits per category. All these can affect the time it takes to obtain a visa.

  Those who want a visa to get a green card or an adjustment of status to become a permanent resident must follow specific procedures. The first step is the filing of an immigration petition by an employer or qualifying relative. Some petition types, such as spouses of U.S. citizens and unmarried children under age 21, allow the immediate availability of visas, while applicants for other types have to wait. Each application is allocated a priority date, which is the date a family member filed the petition or when the labour certificate was accepted by the Department of Labor.

  The Visa Bulletin will have a cut-off date, and if the applicant’s priority date is earlier than the cut-off date or if a “C” is indicated — meaning current — then the visa is ready for collection. Because U.S. immigration is such a complicated process, many British Columbia residents utilize the services of experienced lawyers to navigate it for them. Lawyers who are familiar with the laws of both countries as well as any changes in legislation can provide the necessary support and guidance.

  Source: FindLaw, “How to Use the U.S. Visa Bulletin“, Accessed on April 14, 2018

• What are the benefits of dual intent visas in the U.S.?

  Residents of British Columbia who wish to work in the United States and also apply for a green card might have many visa-related questions. U.S. Immigration laws require foreign applicants to show that they have no intentions to remain in the United States after the expiration of the work visa. They must also show the intent to leave the U.S. during the processing time of a green card.

  However, foreign nationals have the option to apply for dual intent visas that include L-1, H1-B and O-1 visas. If an employer sponsors an employee with one of these visas, the worker will not have to leave the U.S. during the green card application and processing period. The dual intent means the intention to use the visa to work in the United States and also the intention to make an application for permanent residency during the time for which the work visa is valid.

  This does not mean that foreign nationals who do not have dual-intent visas are prevented from applying for permanent residency. However, they will have to leave the U.S. and their jobs while waiting for green card applications to be approved. The advantage of a dual intent visa is job retention and uninterrupted earning ability.

  The decision to leave British Columbia and apply for permanent residency in the United States is a significant one. Dealing with U.S. immigration laws can be daunting, and many choose to utilize the skills of a lawyer who is registered on both sides of the border to answer their questions and explain the pros and cons of the different visas. The lawyer can assess the client’s unique circumstances and work with the sponsoring employer before suggesting the most suitable visa type for which to apply.