General Counsel and HR at Canadian companies understand that navigating U.S. immigration requires an immigration partner that is not only specialized in corporate immigration but also understands business timelines, compliance requirements, and workforce mobility.
Antone, Casagrande & Adwers P.C. has decades of experience supporting Canadian companies with U.S. immigration strategies. Our success in serving Canadian corporations contributed to our firm receiving 10+ consecutive years of AV-Rated recognition by Martindale-Hubble, a peer-review award given to firms with exceptional legal ability and ethical standards.
General Counsel of Canadian Corporations often select our firm to assist them with immigration matters because our firm has a unique advantage in serving our large Canadian clientele. We have developed relationships with Canadians attorneys specifically to assist Canadian clients in matters that require reciprocal help, such as advising on Canadian employment law or departure tax concerns. Additionally, we are located near the Detroit-Windsor border, making it easy to meet with corporate clients in Ontario. Lastly, we prioritize prompt and thorough communication so clients feel they are in a partnership rather than a transactional relationship.
Disclaimer: This article provides a general overview of the primary business and personal immigration options available to Canadian citizens. It is intended for informational purposes only and does not constitute legal advice; every case turns on its own facts, and prospective employers/applicants should consult a qualified immigration attorney before making decisions.
Canadian citizens enjoy a number of advantages under U.S. immigration law that are not available to citizens of most other countries. Because of the USMCA (formerly NAFTA) and Canada’s visa-exempt status, Canadians often have faster and more flexible pathways into the United States for both temporary work and permanent residence.
The TN category is the option most Canadians think of first, and often the most efficient. Under the USMCA, Canadian citizens working in one of the listed professional occupations (e.g., accountant, engineer, lawyer, scientist, management consultant, computer systems analyst, and many others) can obtain TN status without a formal visa petition process. Because Canadians are visa-exempt, a Canadian citizen with a qualifying job offer and the appropriate credentials (typically a bachelor’s degree or specified alternative credential in the relevant field) can generally apply for TN status directly at a U.S. port of entry or pre-clearance facility, rather than waiting for USCIS petition approval.
Key features:
The H-1B is available to Canadians for positions that qualify as “specialty occupations”, requiring at least a bachelor’s degree in a specific field. Unlike the TN, the U.S. puts a limit on how many H-1Bs will be approved and uses a lottery system (Some organizations are exempt from the lottery, including universities and certain nonprofit or governmental research organizations).
Canadians sometimes choose the H-1B over the TN when:
H-1B status is generally granted in up to three-year increments, extendable to a maximum of six years (with further extensions available in certain green card processing situations).
Additionally, the H-1B has a feature called portability. H-1B portability allows a Canadian employer in the U.S. to hire a foreign worker who already holds H-1B status with another U.S. employer. In most cases, the employee can begin working for the Canadian employer as soon as the new H-1B petition is filed, rather than waiting for it to be approved or returning to their home country.
Canada is a treaty country for purposes of the E-1 (treaty trader) and E-2 (treaty investor) visa categories. These options are frequently useful for Canadian entrepreneurs and business owners:
“E” visas are especially attractive because they can be renewed indefinitely as long as the underlying trade or investment activity continues, and they extend to key employees of the treaty company who share the applicant’s nationality, not just to owners.
The L-1 visa is designed for employees of multinational companies who are transferring from a related Canadian entity (parent, subsidiary, affiliate, or branch office) to a U.S. office. Two subcategories exist:
The L-1 can also be used for a Canadian executive to open a new office/branch in the U.S.
The applicant generally must have worked abroad for the Canadian company for at least one continuous year within the preceding three years. The L-1A category is also notable because it can provide a relatively direct route to a green card through the EB-1C multinational manager/executive category, discussed below.
The O-1 visa is available to Canadians who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics, or a record of extraordinary achievement in the film or television industry. It requires substantial evidence (national or international acclaim, and satisfaction of a series of regulatory criteria, or comparable evidence such as a major, internationally recognized award).
The O-1 has no annual cap, is renewable in increments tied to the underlying project or employment, and permits dual intent in practice, making it a useful option for accomplished Canadian professionals, executives, researchers, and business founders who do not fit neatly into the TN occupation list.
The B-1 category is not a work authorization category, but it deserves mention because of how commonly we utilize it for our Canadian multinational clients.
B-1 status allows a Canadian citizen to enter the U.S. for qualified business activities, such as attending meetings, negotiating contracts, consulting with business associates, or training, without engaging in local employment or receiving U.S.-source compensation for services performed in the U.S. (other than incidental expense reimbursement). B-1 status does not authorize an individual to work for a U.S. employer or to be paid by a U.S. entity for labor performed in the U.S.
Business travelers should be careful to distinguish permissible B-1 business activity from work that requires a TN, H-1B, L-1, or other proper work-authorized category.
Where the goal is permanent residence rather than temporary work authorization, Canadian citizens generally pursue one of three broad avenues: family-based immigration, employment-based immigration, or investment-based immigration.
Canadian professionals often pursue permanent residence through employment sponsorship, generally in one of the following categories:
Employment-based green card processing typically begins with a labor certification (where required), followed by an immigrant petition, and finally an application for adjustment of status or consular processing, with total timelines varying considerably by category and USCIS/Department of State visa bulletin backlogs.
The EB-5 Immigrant Investor Program offers a path to a U.S. green card for individuals who invest in a qualifying U.S. business that creates jobs. If approved, the investor, their spouse, and their unmarried children under 21 can all receive green cards.
Investments can be made either directly in a business or through a USCIS-approved Regional Center. The minimum investment depends on where the business is located, with lower investment thresholds available for certain designated areas.
Canadian citizens are eligible to apply for the EB-5 program just like applicants from other countries. It can be a good option for high net-worth Canadians who want permanent residence in the United States but do not have an employer or family member to sponsor them. Because the program requires a significant investment and involves financial risk, it’s important to understand both the immigration process and the investment before moving forward.
We work with your HR team and legal counsel as an extension of your business. Our role is to handle the U.S. immigration process while keeping your team informed and making the process as efficient as possible.
When needed, we can meet with clients at their Ontario offices or near the Detroit–Windsor border. Our office is located about 30 minutes from the crossing.
Every employee and assignment is different. The right visa depends on the employee’s position, qualifications, the purpose of the transfer, and your company’s long-term plans.
For many Canadian companies, the TN visa is the fastest and most cost-effective option for eligible professionals. Others may require an L-1 visa to transfer employees between Canadian and U.S. offices, or an E-2 visa as part of expanding operations into the United States. Our business immigration attorneys help you determine the best option for each employee while keeping future business needs in mind.
Cross-border matters often involve more than U.S. immigration. They may also require Canadian legal guidance on employment, corporate, or tax issues.
Our firm has relationships with trusted Canadian attorneys that we can call on for global mobility matters when coordination on both sides of the border is needed. This helps reduce the burden on your HR and legal teams by streamlining communication and keeping parties aligned.
If you are a representative of a Canadian company and interested in discussing your immigration needs, you can contact us by calling during business hours at (248) 406-4100, emailing our office at law@antone.com, or filling out our contact form.
This article is provided for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Immigration law and policy are subject to change, and individual circumstances vary significantly. Please consult a licensed immigration attorney regarding your specific situation.
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