Work permit for Canadian?

[Giulianeo 0]

Hello guys

Hope someone can provide me some insight, what are the options for a Canadian 38 years old, to obtain a work visa for USA? no specialized worker, no college or university degrees, only high school graduate. Worked retail for long periods of time I am talking longest 8 years manager position, from Ontario, Toronto.

I reside in Miami, under a E-2 visa as an investor, could i use my company to obtain the work permit for the Canadian?

If so what would be the process?

Thank you!

[Boiler 46,104]

E2 Companies can employee staff under an E2.

Have you discussed this with your Immigration Lawyer?

[Giulianeo 0]

E2 Companies can employee staff under an E2.

Have you discussed this with your Immigration Lawyer?

Not yet, i was looking for some general information,

The person in Canada might not qualify.

Thanks

[Giulianeo 0]

Also will this permit limit the person to work only for my company?

Or could they work in other jobs?

Thanks,

[Transborderwife 4,666]

Also will this permit limit the person to work only for my company?

Or could they work in other jobs?

Thanks,

Yes only your company

[jan22 3,064]

First, yes, as an E-2 employee, he could only work for your business.

Second, are you Canadian and, therefore, your E-2 business has Canadian "nationality"? If not, there is no way you can qualify to bring a Canadian national into the US for work in your business. (E-2 treaty investor and E-2 employee must have the same nationality.)

Third, is your business large enough or specialized enough that your potential employee can convince a visa officer that he is needed as an E-2 employee in an executive/supervisory capacity (without impinging on your need to clearly "control and direct" your E-2 enterprise) or one that has skills essential to your company's operation in the US (i.e., there is nobody in the US that has the knowledge to do what your employee is being broughg in to do.) He woudl need to clearly meet one of these qualifications to be issued an E-2 visa -- with primarily a retail sales background, the essential skills criteria would be next-to-impossible to meet, IMO and the executive manager is difficult for many businesses when the E-2 investor is in E-2 status and required, therefore, to actively manage the business.

And, fourth -- could he demonstrate non-immigrant intent, i.e., that when his E-2 employment ends, he will return to Canada?

[HollywoodNorth 22]

Oh btw,

TN-1 visa has 2 job categories that don't require formal education, one of which is management consulting. If you are a manager and are consulting with documented/verified experience you should be able to qualify for a TN-1 in that classification. No guarantees but it is a covered category.

[Boiler 46,104]

A very closely inspected category.

[Giulianeo 0]

Oh btw,

TN-1 visa has 2 job categories that don't require formal education, one of which is management consulting. If you are a manager and are consulting with documented/verified experience you should be able to qualify for a TN-1 in that classification. No guarantees but it is a covered category.

Hello and thank you all of you for the quick helpful responses.

How would this process work? i read you must apply at the customs point?

I think the TN-1 could work?

Any more information?

Thank you alot.

[HollywoodNorth 22]

The hiring company must apply on your behalf and compile a visa application and packet for you.

As boiler stated, the less qualifications that are required for a visa category under TN-1 the more heavily scrutinized the application is.

That being said, I think you may be hard pressed to find someone in the US to hire a retail position from Canada and securing a work visa when there is so many Americans available to do the work. No qualified job offer, no visa. I don't know about your specific situation but it's probably best to consult an immigration attorney.

Edited May 2, 2016 by HollywoodNorth

[Dakine10 5,452]

Hello and thank you all of you for the quick helpful responses.

How would this process work? i read you must apply at the customs point?

I think the TN-1 could work?

Any more information?

Thank you alot.

Without a degree, you would need 5 years of verifiable experience in consulting or a related field.

The scrutiny applied to this category is because it is so often used incorrectly. It can not be used to hire a manager; the nature of the work must be related to consulting. You must also be able to show how your work experience is related to the problem or issue you are being hired to consult.

[Giulianeo 0]

So if a Canadian wanted to come to work the States with no degree or specialized profession.

They wouldn't be able?

Thank you,

Edited May 6, 2016 by Giulianeo

[Transborderwife 4,666]

So if a Canadian wanted to come to work the States with no degree or specialized profession.

They wouldn't be able?

Thank you,

Basically. Unless they work for a us based company and can get a transfer