Explore U.S. Business Opportunities: Immigration Options for Canadians

Are you a Canadian entrepreneur or professional aiming to establish a business presence in the United States? Navigating the U.S. immigration system can be challenging, but with the right information, you can access a range of opportunities. Our guide highlights key visa options for Canadians, including the E-2, EB-5, L-1A, H-1B, and TN visas. Whether you’re looking to invest in a U.S. business, transfer within your company, or work in a specialized field, we offer the insights needed to make informed decisions and successfully transition to business life in the U.S. Let us assist you in achieving your goals.

This is a great option for individuals who either want to purchase an existing business or establish a new business in the U.S.

• Substantial Investment: Invest a significant amount of capital in a legitimate U.S. business, with no fixed minimum, but typically around $100,000 or more is advisable.
• Active Role: Enter the U.S. to actively develop and direct the business, ensuring you have at least 50% ownership.
• Economic Viability: Ensure the business generates more than minimal income, contributing significantly to the U.S. economy and supporting more than just your family’s basic needs.
• Investment Flexibility: Include various forms of investment, such as transferring equipment from Canada, as part of your business setup.

This option is available to individuals that currently run a business in Canada and wish to expand into the U.S.

• Qualifying Employment: Must have been employed in a managerial or executive capacity by a qualifying Canadian company for at least one continuous year within the three years preceding the application.

• U.S. Office Role: Enter the U.S. to work in a managerial or executive capacity for a related entity.  Demonstrate that you manage professional people i.e. those with at least a Bachelor’s degree.
• Qualifying Relationship: Ensure there is a qualifying relationship between the Canadian company and the U.S. entity, such as a parent/subsidiary or affiliate relationship

• New Office Setup: If establishing a new office in the U.S., secure sufficient physical premises and demonstrate that the new operation will support an executive or managerial position within one year.

As of January 2025, individuals can now self-petition for H-1B.

• Controlling interest: You can file your own H-1B through a separate legal entity such as an LLC, even if you have a controlling interest.
• Specialty Occupation: The position must qualify as a specialty occupation, requiring theoretical and practical application of highly specialized knowledge and a bachelor’s degree or higher in a specific field. You will need to demonstrate as owner of the company that the majority of your duties will relate to your degree (s).
• Labor Condition Application (LCA): Obtain a certified Labor Condition Application from the U.S. Department of Labor, ensuring compliance with wage and working condition requirements.
• Beneficiary Qualifications: Demonstrate that you meet educational and professional requirements for the specialty occupation, such as holding a relevant degree or equivalent experience.

A TN visa typically does now allow for self-employment, unless you are a management consultant.

• Citizenship: Must be a citizen of Canada. Permanent residents of Canada are not eligible for the TN visa.
• Professional Occupation: The job offer in the U.S. must be in one of the approximately 60 professions listed under the USMCA/NAFTA agreement.
• Qualifications: Must possess the necessary qualifications to practice in the designated profession, which typically includes a relevant degree or professional credentials.
• Employment Offer: Must have a prearranged full-time or part-time job with a U.S. employer. Self-employment is not permitted under the TN visa unless you qualify under the “Management Consultant” role.

Out of all the options listed here the EB-5 is the only one that leads to permanent residency (green card).

• Significant Investment: Invest a minimum of $1,050,000 in a U.S. commercial enterprise, or $800,000 if the business is in a targeted employment area (TEA).
• Job Creation: Ensure the investment leads to the creation of at least 10 full-time jobs for U.S. workers.
• Lawful Source of Funds: Demonstrate that the investment capital is obtained from a lawful source, providing documentation such as tax returns, bank statements, and business records.
• Active Involvement: Engage in the day-to-day management or policy formation of the enterprise, ensuring an active role in business operations.  Alternatively invest through a regional center and take a passive role.

The United States offers a variety of immigration pathways for Canadian entrepreneurs and professionals seeking to establish a business presence. Each visa type—E-2, L-1A, H-1B, TN, and EB-5—caters to different business and professional needs, providing opportunities to invest, expand existing businesses, or work in specialized fields.

The E-2 visa is ideal for those looking to invest in a U.S. business, while the L-1A visa facilitates the transfer of managerial or executive employees from Canadian companies to U.S. branches.

The H-1B self-petition option allows for greater control over one’s employment in specialty occupations, and the TN visa provides a streamlined process for professionals in specific fields.

Lastly, the EB-5 visa offers a path to permanent residency through significant investment and job creation. By understanding the requirements and benefits of each visa, Canadian entrepreneurs and professionals can make informed decisions to successfully transition to business life in the U.S.

If you have questions about any of the options listed please contact PLG Partner cprescott@patellegal.com.