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How Does Canadian Citizenship Influence U.S. Immigration? Many aliens who want to immigrate to the United States wonder if obtaining Canadian citizenship will benefit them in some way. The answer to that question is that it depends on the situation: there are some cases in which Canadian citizenship is beneficial, and others in which it makes no difference at all. Entering the United States In many cases, Canadian citizens do not need nonimmigrant visas to enter the United States for a temporary visit. For example, tourists from many other countries must obtain a B‑2 visa before entering the United States; however, tourists from Canada do not need to obtain a B-2 visa. So for instance, if a China-born alien obtained Canadian citizenship, he or she could travel to the United States without a visa. TN Status Unlike other aliens, Mexican and Canadian citizens have an easy alternative to H-1B visas if they wish to work temporarily in the United States. TN status allows a citizen of Mexico or Canada to work in one of 63 approved professions for a year at a time. Theoretically, this status can be renewed as many times as the alien wishes. Furthermore, Canadian citizens can apply for TN status at the border before they enter the United States—rather than applying in advance through USCIS—and are not subject to any quota. Although aliens under TN status cannot have dual intent—that is, they may not be able to renew their status if they express an intent to immigrate to the United States—TN status remains an easy and preferable alternative to an H-1B visa for many Canadian citizens. You can find more information about TN status for Canadian citizens here. H-1B Visas This is one area in which Canadian citizens have no advantage over citizens of other countries. Canadian citizens are not exempt from the H-1B quota. Furthermore, earning an advanced degree from a Canadian university does not qualify an alien for consideration under the advanced-degree quota of 20,000. In fact, the only countries whose citizens have special spots reserved for them under the H-1B quota are Chile and Singapore; under the terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement, 6,800 H-1B visa numbers are reserved for citizens of these countries. Aliens with citizenship in all other countries, including Canada, are on equal footing as far as the quota is concerned. J-1 Visas A J-1 visa allows an alien to visit the United States for a specific purpose and for a pre-designated amount of time. This purpose can range from various types of education to working as a professor or completing a medical residency. Certain classes of J-1 visas require that after an alien’s J-1 stay is complete, he or she must fulfill a two-year foreign residency requirement before filing for another visa to the United States, including an H-1B visa or a green card. This requirement must be fulfilled in the country where the alien held permanent residence when he or she originally applied for the J-1 visa. An alien cannot obtain citizenship in a third country and complete the requirement there; he or she must reside in the original country for at least two years before filing for another visa. So for example, if you were a Chinese citizen when you filed your J-1 visa application, then you must complete your two-year residency requirement in China—even if you become a Canadian citizen after your J-1 program is complete. Green Cards and the Visa Bulletin The visa bulletin is another area in which Canadian citizenship does not give an alien an extra advantage (unless he or she was born in Canada). The availability of visa numbers is based on the country of an alien’s birth—not the country where he or she resides or holds citizenship. So an alien who is born in China or India, for example, gains no advantage in visa availability by obtaining Canadian citizenship. No change in citizenship will change that alien’s cut-off date in the current Visa Bulletin. Canadian Permanent Residence Canadian permanent residence does not give an alien any advantages in the U.S. immigration process. All the advantages described above are based on Canadian citizenship—not permanent residence. Seminar announcement: On Saturday, 3/15/2008, 2-3:30pm, Zhang & Associates will offer a free seminar about H-1B and green card application, to be hosted by senior Attorney Joe Jian Zhou at our NY office. After the seminar, Attorney Zhou will provide individual free consultations for seminar attendants. The presentation will be conducted in Mandarin Chinese with an English PowerPoint slideshow. Please RSVP Via Email to yzhou@hooyou.com, including your name, address, and resume for a free preliminary evaluation and confirmation. First-come, first-served. As space is limited, you will be notified with a confirmation to attend. --------------- At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation. Houston: 7324 Southwest Freeway, Suite 1088, Houston, TX 77074 In the moment of dynamics, our clients can always count on us. (03/07/2008) For more immigration news, please click here |
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