U.S. Immigration

Frequently Asked Questions

• 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

• Who can apply for J1 visas?

  When nationals of Canada and other foreign countries want to participate in work-and-study-based exchange programs in the United States, they will need J1 visas. Often used for employment immigration, they provide non-immigrant visas for exchange visitors.  The visa holder can stay in the United States for specified time periods — determined by the type of program in which they participate. Typical programs include study, work, research and teaching. The visas are valid for a few weeks to a number of years.

  The J1 visa category includes 14 programs with varying requirements and rules; however, all classes require the applicants to be proficient in the English language, have medical insurance and a valid sponsor. For any organisation to sponsor an exchange visitor, it must demonstrate that it can maintain a sponsorship. Requirements include providing the exchange visitor with pre-arrival information and information that will help with the person’s adjustment to his or her unfamiliar surroundings. The sponsor must also monitor the welfare of the participant and ensure the availability of round-the-clock emergency support.

  The validity of J1 Visas of au pairs, interns, specialist programs and secondary school students are one year, and four months for summer work travellers and camp counsellors. Scholar programs that are short term are six months, and three years for teacher programs. A trainee may stay for 18 months — except hospitality and agriculture trainees who may stay for 12 months. A physician’s residency term will determine his or her duration of stay, and professors and research scholars are permitted to stay between three weeks and five years. Government programs allow stays of 18 months, and college and university students between 18 months and 36 months — depending on their study levels.

  Canada citizens who are interested in participating in an exchange visitor program will need to submit a Certificate of Eligibility for Exchange Visitor (J1) Status. To ease the navigation of the complexities of employment immigration, seasoned cross-border lawyers are available to provide guidance. Such professionals can assist an applicant every step of the way.

  Source: path2usa.com, “J1 Visa: Overview“, Accessed on Jan. 27, 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