Many Canadians are drawn to the US for employment due to various reasons. But can Canadians work in the US without a visa? Unlike traveling visa-free, whether you’re a Canadian citizen or PR, who wishes to work in the US, you’ll require a visa. This guide will cover the US work visa for Canadians and how to obtain one.
Can I Work in USA as a Canadian Without a Visa?
As a Canadian citizen, you can enter the US for study, tourism, and business purposes without a visa. South of the border, the potent labor market, high salaries in high-tech sectors, and warm weather may draw you and make you wonder: Can I work in the United States as a Canadian without a visa?
However, to work in the US is another story. While Canadian citizens are eligible to work in the US, you must obtain an appropriate work visa. In some cases, you may only obtain a work visa after getting a job offer from a US employer. There are several US work visas for Canadian citizens: TN, H-1B, L-1, O-1, and E-2. Among them, the TN visa is specifically for citizens of Canada and Mexico.
Can a Canadian Permanent Resident Work in the US?
The Canadian PR status, on the other hand, does not automatically grant work authorization in the US. Just like any other foreign national, Canadian permanent residents have no right to work in the US without getting a work visa. In most cases, a work visa in the USA for Canadian PRs requires sponsorship from a US employer. Visa types for Canadian PRs include H-1B, L-1, O-1, and E-2.
American Work Visa for Canadian
There are several visa options open to Canadian citizens who wish to work in the US. The specific visa you’ll need depends on your eligibility, the industry sector you are in, the type of your job, and the duration of your stay. Below are the common types of work visas for Canadian citizens working in the US.
H-1B Temporary Work Visa
The H-1B visa is a temporary work visa for foreign workers with a Bachelor’s or higher degree in specialty occupations. The occupations in specialty fields include science, technology, engineering, math, medicine, architecture, finance, and law. The H-1B visa requires employer sponsorship. That means a US employer must file a petition with the US Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The H-1B visa is initially valid for three years and can be extended to six years. This visa is open to both Canadian citizens and PRs. However, there’s an annual cap on the number of H-1B visas issued each year, making it a highly competitive program. if you have already been selected in the H-1B lottery, you can convert your H-1B visa to a new employer without participating in another lottery.
TN Visa for NAFTA Professions
The TN visa, also known as the Trade NAFTA visa, is a non-immigrant visa that allows Canadian and Mexican citizens as NAFTA professionals to work in the US. The TN-1 visas are issued to Canadian citizens, and TN-2 are issued to Mexican ones. It’s designed for professionals in specific occupations approved by NAFTA, such as medical doctors, scientists, accountants, computer programmers, etc. The TN visa is valid for up to three years and can be extended.
You may be eligible for a TN visa, if:
- You are a Canadian citizen;
- Your profession is on the NAFTA professions list 2025;
- Your position in the US can only be fulfilled by a NAFTA professional;
- You have a prearranged full-time or part-time job with a US employer, and;
- You have the qualifications to practice in the job.
Obtaining a TN visa is how can a Canadian citizen work in USA most straightforwardly, thanks to its minimal eligibility requirements under the NAFTA arrangement. Eligible Canadian citizens do not need to apply for a TN visa at a consulate to enter the US but, can apply for TN nonimmigrant status at the port of entry. However, this visa is not available to Canadian Permanent Residents.
L-1 Intracompany Transferee Visa
The L-1 visa facilitates the transfer of a multinational company’s foreign employees to work at a US branch or subsidiary of the same company. This work visa is only available to employees who fall under one of the following subcategories:
L-1A: For managers and executives
L-1B: For employees with specialized knowledge
The initial L1 visa validity period varies based on the status of the U.S. company: one year for new offices and three years for established ones. The visa extension period may vary depending on the role of the employee: a maximum stay of seven years for L-1A applicants and five years for L-1B applicants. Like the TN visa, eligible Canadian citizens can apply for an initial L-1 visa directly at the port of entry.
E-2 Investor Visa
The E2 visa allows a national of a treaty country with the US, including Canada, to be admitted to the US when investing a substantial amount of capital in a US business. Employees of such a person or a qualifying company may also be eligible for this visa. If the treaty investor or qualifying employee is already in the US with a nonimmigrant visa, they may file Form I-129 to request a change to an E-2 visa.
The E2 visa is a popular option for Canadian entrepreneurs and investors looking to live and work in the US by making a substantial investment in a US business. Generally, this visa is issued for up to two years initially and can be extended for another two for each renewal, as long as the company meets the E2 requirements.
O-1Visa
The O-1 visa is for individuals with extraordinary ability in the sciences, education, business, athletics, and arts, or well-recognized individuals with exceptional achievements in the film or TV industry. This visa is initially granted for up to three years and may be extended in one-year increments. The O-1 visa category includes:
O-1A: for individuals with exceptional ability in the sciences, education, business, or athletics;
O-1B: for individuals with extraordinary ability in the arts or achievement in the film or TV industry. A US employer or agent should apply for the O-1 petition on behalf of the petitioner and file Form I-129 and documents demonstrating the extraordinary ability or achievements of the petitioner.
Can Canadian Citizens Work on a B1/B2 Visa?
The answer is no. You can enter the US on a B-1/B-2 visa for tourism or business purposes only. This visa allows stays of up to six months, enabling activities like visiting friends and family, attending conferences, negotiating contracts, etc. Employment and self-employment are strictly prohibited under this status.
Additional Requirements to Work in the USA as a Canadian
Beyond a valid and appropriate work visa, there are several requirements and considerations when working in the US as a Canadian citizen.
- Employment Authorization Document for existing visa holders
Canadian citizens already in the US with certain existing nonimmigrant visas, such as visitor or student visas, may be eligible to apply for an EAD. This document allows you to work for any US employer for a specified period. To apply for an EAD, you must file Form I-766 with the USCIS and provide supporting documents, including passport, visa, and I-94 arrival/departure record. The processing time for an EAD can vary, but it generally takes between 90 and 120 days.
- Tax, Social Security and Medicare
Under the Canada-US Tax Treaty, Canadian citizens working in the US may be eligible for certain tax benefits on income, Social Security, and Medicare. It is important to consult with a tax advisor for advice on your situation.
- Labor Laws
Canadian citizens working in the US are protected by US labor laws. These laws ensure that you receive fair wages, safe working conditions, and other benefits. For example, under the National Labor Relations Act, Canadian citizens working in the US have the same rights to join and participate in unions as US citizens.
- Healthcare and Benefits
Canadian citizens working in the US are entitled to US healthcare and other benefits as per the Labor Law. Under the Affordable Care Act or Obamacare, employers with more than 50 employees are required to provide healthcare coverage to their workers. Additionally, you can enjoy other benefits such as retirement plans, paid time off, and disability insurance from your US employer.
FAQs
Can I work in the USA with Canadian citizenship?
Yes. Canadian citizens can work in the USA but generally need a work visa first.
Can Canadian citizens get a green card in the USA?
Yes. There are four pathways for Canadian citizens to obtain a green card: family-sponsored immigration, employment-based immigration, marriage to an American citizen, and investor visa programs.
Can I move to the USA from Canada without a job?
Yes, it is possible to immigrate to the US without a job. Potential pathways include family-sponsored immigration, employment-based visas without a job offer, and investor visa programs.
Conclusion
Canadian citizens wishing to work in the US must obtain a work visa before they can legally work in the country. So do Canadian permanent residents. But there exist some differences. While the process of obtaining a work visa can be complex and time-consuming, with the right preparation, you are confident to obtain a work visa and thrive in your work and life in the US.
Erin Lo