The first stop in your US work journey: The H-1B Visa
Itching to get out of the Great White North? Want to take your hard-won expertise and dive into the US job market? The first choice for most people is the H-1B visa, if they’re able to snag one.
So, what is the H-1B Visa and how do you get it?
It’s a non-immigrant visa that lets US-based companies temporarily employ foreign workers - like you - in certain highly skilled roles. The H-1B can even be used as the stepping stone to a green card, if you wish to make your work arrangements more permanent.
But like any type of visa, there are certain requirements and criteria one must meet. So, let’s back up a second and cover off a few key points:
- You’re required to have specialized knowledge or occupation - such as IT or tech - and it usually requires at least a bachelor’s degree.
- A US-based employer needs to sponsor you - the foreign worker - and file petitions with U.S. Citizenship and Immigration Services. This, of course, can come at a huge cost - anywhere between $4,535 to $17,885 for the initial petition and upwards of $50,000 when you factor in extensions and green cards!
- There’s a cap and lottery system involved. How many H-1B visas are there per year? As of right now, that number is 65,000. If demand exceeds this cap, then you could be selected via a lottery draw. But then, you only have about a one-in-three chance of being chosen.
- The H-1B Visa is good for three years, but can be extended up to six.
- The entire H-1B Visa process from application to approval can be up to six months - and sometimes longer.
But what if you don’t get an H-1B Visa? Or don’t want to pick up your life and move to the US?
Sometimes the H-1B Visa process just doesn’t pan out - and it could be for reasons well beyond your own control.
You might, for instance, run into a situation where your employer simply can’t afford to sponsor you. Or - perhaps demand for the visa was massive and you didn’t get lucky with the lottery.
Whatever the circumstances that saw you visa-less, don’t fret: You have a few other (good) options to explore!
Option 1: Look at getting a TN Visa
The TN, or Trade NAFTA, Visa is - like the H-1B - a non-immigrant visa. But where the H-1B is open to all foreign nationals, the TN Visa is intended only for Canadian and Mexican citizens in specialized professions looking to work stateside.
Another key difference is that the TN visa application requirements are far more straightforward.
For instance, your US-based employer doesn’t need to engage in a lengthy (and expensive) sponsorship and application process to bring you over. Rather, you can apply at any US embassy, consulate or port of entry.
Plus - there’s no cap or limit on the number of TN Visas issued. To qualify, you need to have a job offer in hand from a US employer, and that job needs to be for an eligible profession (such as a systems engineer, accountant, architect, scientist, etc.)
Cost-wise, you’re looking at an application fee of $160 if you apply at a US consulate or embassy.
Option 2: Start your own business and become a remote consultant
This avoids you engaging in all this visa business all together and you get to stay in your cozy Canadian home.
Becoming a remote consultant to a US-based company comes with the additional responsibilities of setting up and running a business and you don’t get the security and financial stability that comes with being an employee. However this is what many companies who don’t want to deal with visas will suggest as it is the least amount of effort for them.
BUT you’re on your own in terms of handling invoicing, taxes, accounting and buying into health benefits. If being your own administrator doesn’t sound appealing, you may not want to go this route.
Option 3: Have your employer set up a Canadian legal entity
If your employer is banking on fast growth, and Canada has the talent they need, it might be worth setting up a full-on Canadian legal subsidiary to employ an entire team of canucks!
On the plus side, this avoids visa applications, relocations and sponsorships. Creating a legal entity is, however, a long and winding road - and not in the beautiful, Beatles-y kind of way, either.
A few points to consider:
- A legal entity can take between 6-12 months to set up.
- There’s a registration fee involved, as well as costs in hiring a Canadian accountant and payroll provider.
- Speaking of costs, your employer could be spending between $7,000 - $10,000 per province to create employment contracts depending on where talent (like you) lives.
- The tipping point in terms of whether it’s worth the effort is having at least 10 - or more - employees.
And that might be more than most companies are willing to bet on.
Or - you could always hit the easy button…
Option 4: Work with an EOR and get onboard in a day
Here’s where things get simpler for your employer in a hurry. Working with an EOR (employer of record) partner means a few things:
- Your employer doesn’t have to set up a subsidiary OR worry about visas.
- And you don’t need to go the consultant route and run your own business.
The EOR handles all of the employment administration and legalities (along with payroll, HR functions and benefits administration) on the employer’s behalf.
Most importantly, the EOR functions as the legal Canadian employer.
So, from your perspective, you get all the benefits of being a full employee (like regular paychecks, benefits and pay stubs to get a mortgage), while your employer avoids the expense, hassle and red tape of visas or setting up legal entities.
Have a job opportunity and want to learn more about how EORs work? Talk to the team of Canadian talent integration experts at Bridgewater Talent Integration, we are here to answer your questions. Let’s chat.
Have a job opportunity and want to learn more about how EORs work?
Talk to the team of Canadian talent integration experts at Bridgewater Talent Integration, we are here to answer your questions.
Get in touch today!
