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Details About Foreign Employment
As you prepare to hire employees, be sure that you understand all laws and regulations surrounding employee eligibility. In particular, the Immigration and Nationality Act (INA) governs immigration and citizenship in the United States. The INA is especially relevant to small business owners since it includes provisions addressing employment eligibility, employment verification, and non-discrimination. This guide provides an overview of these provisions and assistance on how to comply with the INA.
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Work In the USA
The United States welcomes thousands of foreign workers in multiple occupations or employment categories every year. These include artists, researchers, cultural exchange participants, information technology specialists, religious workers, investors, scientists, athletes, nurses, agricultural workers and others. All foreign workers must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. It is important that you adhere to the terms of your application or petition for admission and visa. Any violation can result in removal or denial of re-entry into the United States.
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Temporary (Nonimmigrant) Worker
A temporary worker is an individual seeking to enter the United States temporarily for a specific purpose. Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued.
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Permanent (Immigrant) Worker
A permanent worker is an individual who is authorized to live and work permanently in the United States.
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Work in Canada
For Canadian immigration purposes, "work" is defined as an activity for which remuneration is earned or as an activity that competes directly with activities of Canadian citizens or Permanent Residents in the Canadian labour market.
Canadian immigration authorities require a Work Permit for a limited number of work related activities in Canada.
A job offer from a Canadian employer is usually a prerequisite to receiving a Canadian Work Permit.
In some instances, Canadian immigration regulations allow for "Open" Work Permits, which are not employer specific.
Work Permits are always temporary in nature, but can often be extended from inside Canada.
Normally, Work Permits will only be granted by Canadian immigration authorities if supported by a positive "Labour Market Opinion" (LMO) letter issued by Human Resources and Skills Development Canada (HRSDC), indicating that the proposed employment will not adversely affect Canadian workers.
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