Canadian looking to move and work in the USA

Discussion in 'Canadian Truckers Forum' started by JesterJTX, Apr 17, 2022.

  1. JesterJTX

    JesterJTX Bobtail Member

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    Apr 17, 2022
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    Hi Guys.
    So I been looking into trying to move south and live and work.
    Has anyone had success or know any companies

    I found this article from Forbes from a immigration lawyer. Since truckers are in a shortage and in demand they should be able to sponsor Canadians


    The H-2B Option
    U.S. trucking companies can use the H-2B visa to hire foreign commercial truck drivers. This visa program is designed to help U.S. employers overcome shortages of U.S. workers who are not willing and able to perform nonagricultural labor. Employers can hire truckers from abroad on a temporary basis for up to 12 months and can apply to extend the H2B work visa if the need persists for up to 3 years. The employer has to first obtain a labor certification from the Department of Labor. That involves getting a prevailing wage determination to determine the minimum the trucker should be paid and advertising the H-2B position under Labor Department guidance before it can be opened to foreign truckers. The H2B visa can only fill a temporary need such as a one-time occurrence, seasonal need, peak load need or intermittent need. After getting the labor certification approval, the U.S. employer has to submit a petition with the U.S. Citizenship and Immigration Services (USCIS). On approval of the petition the seleted truckers have to go their nearest U.S. consulate to get a visa in their passport before they can come and start working in the U.S. However, in the case of Canadian truckers, they can skip that step and go straight to the border to enter.


    EB-3 Employment-Based Permanent Resident Option
    The EB-3 immigrant visa category enables U.S. employers to hire unskilled foreign truckers in a permanent capacity. Similar to the H-2B, the EB-3 also requires a labor certification from the Department of Labor with both prevailing wage and position advertising requirements. The severe shortage of commercial truck drivers in the U.S. is well established so proving that there are no qualified U.S. truckers to fill the position should be relatively easy. Once the labor certification is approved by the Labor Department, the employer can subsequently file a Permanent Resident petition with the USCIS. If the petition is approved the trucker has to either go to the nearest U.S. consulate to obtain the immigrant visa or if in the U.S., apply for adjustment of status. The EB-3 is a more lengthy and costly process than the H2-B, but has the advantage of solving the driver shortage on a more permanent basis. At the moment, internal U.S. processing is preferred due to consular backlogs related to Covid-19.

    The U.S. government recognizes foreign commercial driving licenses issued by the federal government of Mexico and the provinces and territories in Canada. So in theory, such truckers can go to work immediately. Otherwise, the process of obtaining a commercial driver’s license is likely to take a few weeks in most U.S. states


    Owner/Operator E-2 Visas
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    Owner-Operator Semi Truck Drivers could be part of[+]
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    Owner Operators may also be able to get E-2 work visas. Such visas can be obtained if the trucker can show that he is starting up a business in the United States and that over time it is likely to grow to employ a few workers apart from the Owner/Operator. The foundation for such a work visa would be an investment treaty signed between the U.S. and the trucker’s home country, such as Mexico or Canada. The E-2 visa is granted if the trucker has made a substantial investment in the trucker’s rig and transferred the ownership of the rig to the trucker’s U.S. company created for that purpose. Success will depend on a solid business plan establishing the rationale for the U.S. trucking business including the engagement of U.S. workers in future years and projecting the likely profits to be made from it. The main challenge of these visas, usually granted for five years and renewable so long as the business continues to prosper, is that the visas are approved only at a U.S. consulate and not at the border. There is currently a very substantial backlog of applicants for such visas so an application may take a year or longer to be approved.


    These are the main immigration considerations that should be taken into account in dealing with the trucking industry in the United States. None of these visas should be undertaken without the assistance of a qualified U.S. immigration attorney as they are all relatively difficult to obtain and involve considerable paperwork. However, the visas discussed could certainly help the trucking industry to overcome its shortages over the next decade.
     
  2. ilovetruckz

    ilovetruckz Light Load Member

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    Oct 6, 2021
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    just go to roxham road and cross there
     
  3. bonder45

    bonder45 Road Train Member

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    I have an E2 visa - you’ll need about 100k in liquid cash or equipment to be able to get that visa to come to the US, takes about 6 months to get it too.
     
  4. BigHossVolvo

    BigHossVolvo Road Train Member

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    Been working on it since 2010, no success.

    The people I know who did have success, went to the US on sponsor from companies who need workers in no driving roles. After getting green cards and US license for 1 year, they got back into CDL driving. But trying to go as a driver, straight across, is pretty much impossible.
     
  5. Chinatown

    Chinatown Road Train Member

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    Aug 28, 2011
    Henderson, NV & Orient
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    • U-Haul
    • United States- Commercial Driver’s License (CDL), however we are willing to sponsor candidates in order to receive a CDL
    • Canada- Class 3 or D Driver's License with Air Brake Endorsement, a clean driving record and be able to pass a criminal background investigation
      • Operate a flatbed truck
      • Operate an 8000lb pound propane forklift or a truck-mounted forklift
      • Load and unload storage containers for delivery
      • Transport storage containers to and from specified destinations, e.g. customers’ homes and local businesses
     
  6. Truckerswifeee

    Truckerswifeee Bobtail Member

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    Mar 27, 2022
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    Hi. Were you able to convert your Canadian cdl to US cdl and find work?
     
  7. bonder45

    bonder45 Road Train Member

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    Still struggling with that.

    They won’t give me a US CDL because my 5 year E2 visa is technically a temporary visa and by their law I need permanent residency or a green card to be approved to get a US CDL.
     
    Truckerswifeee Thanks this.
  8. Truckerswifeee

    Truckerswifeee Bobtail Member

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    Mar 27, 2022
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    Thank you! We were considering a business visa route too but it won’t help if you can’t convert your cdl. And this only applies to Canadians or Mexicans. Everyone else can get a non-domicile it seems.
     
  9. bonder45

    bonder45 Road Train Member

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    Williston, ND
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    I've had zero issues with my Canadian CDL though. They said insurance maaaaay be an issue but after comparing my coverages with what I paid with my friends I'm actually paying less and getting more.....

    My broker did say though, once I do go all in and get a US CDL I will have further drops to my policies.
     
    Truckerswifeee and BigHossVolvo Thank this.
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