Surveyor from Canada in process of onboarding onto a long term project in Texas.?ÿ Currently looking at an investors Visa which requires a start up or purchase of an existing business. I am not a commissioned surveyor, but have been operating as a subcontract surveyor for years while working under the supervision of PLS's here in Canada. Being self employed,?ÿ I am unable to be hired on as an employee by a US company.?ÿ
I am looking to get some direction (ie: surveys act) on the limits of scope of work that I can perform as an unlicensed surveyor. From a business owners perspective,?ÿ as well as subcontracting to another company in the field. I believe the regulations vary state to state. Also, if anyone can point me in the right direction for the types of Visa's, the process involved, and possible brokers to use.
It is a significant endeavour, so I am trying to ensure that?ÿ my I's are dotted and my T's are crossed . Any suggestions would be much appreciated.?ÿ Feel free to PM me.?ÿ
Kerry
I have no idea, just my thoughts... But if you are a Canadian Citizen I would think that would prevent you form being licensed as aProfessional Land Surveyor in the US. But you could get over that hurdle, just renounce the Crown. I would suggest you start looking at companies that you want to work for and begin with them. No work Visa no hire, so you would need a sponsor, (ie the company). However, kinda like Canada, and other nations, it is hard to justify hiring a foreign national instead of a native without due cause. But if you are of higher qualification and no one else applies your hire could be justified.?ÿ
I worked with a Canadian here is St. Louis for years. His wife was American and he held a Green Card and was a Permanent Resident and paid taxes. He never became a US Citizen as far as I know. He loved the Leafs and fell asleep in the back seat of the truck like clock work on the way back to the shop.?ÿ
There is a great need for surveyors all over the US, but operating as a self employed Canadian in the US would almost certainly get the attention of others. For some reason US and Canada get really butt hurt about citizens working across each others border.?ÿ
I would start with a 90 day temporary hire. But no one is crossing until CV-19 is over.?ÿ
https://www.canadatousa.com/immigration/working-in-the-usa/
Good Luck!
?ÿ
Its not what he asked, but Canadian Citizens can certainly become licensed in the U.S.
?ÿ
Although it is not of unheard of, what you are proposing might not be legal. It would be very tough to thread the needle between the conflicting requirements of a licensed surveyor being in responsible charge and how the employer employee relationship is defined by the Fair Labor Standards Act (and possibly the IRS).?ÿ In other words, in most states a licensed land surveyor would have to exert enough control over your work that you would be considered an employee by the federal government.?ÿ
I am not a Visa expert, but I thought an investor's Visa requires an investment of one million USD. I imagine their are more profitable ways to in invest that much money, especially with the uncertainty in the economy now.?ÿ
Another thing to consider; if you can get legal residency many, but not all, states' licensing requirements are shockingly less stringent then most (all?) jurisdictions in Canada.?ÿ
I don??t have any specific advise or help. ?ÿJust general words of encouragement. ?ÿFind a way. ?ÿGo for it. ?ÿWelcome to ??merika.
Kerry,?ÿ
"Land Surveyor" is on the TN / NAFTA professional list. Without a license, you would need a baccalaureate degree. See: https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm
You need to be hired--although as an advisor or other contractor might work.?ÿ
(ii)?ÿDocumentation demonstrating engagement in business activities at a professional level and demonstrating professional qualifications. The applicant must present documentation sufficient to satisfy the consular officer (in the case of a Mexican citizen) or the Department officer (in the case of a Canadian citizen) that the applicant is seeking entry to the United States to engage in business activities for a United States employer(s) or entity(ies) at a professional level, and that the applicant meets the criteria to perform at such a professional level. This documentation may be in the form of a letter from the prospective employer(s) in the United States or from the foreign employer, and must be supported by diplomas, degrees or membership in a professional organization. Degrees received by the applicant from an educational institution not located within Canada, Mexico, or the United States must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials. The documentation shall fully affirm:
8 CFR 214.6(d)(3)(ii)(A)-(E)
(A) The Appendix 1603.D.1 profession of the applicant;
(B) A description of the professional activities, including a brief summary of daily job duties, if appropriate, in which the applicant will engage in for the United States employer/entity;
(C) The anticipated length of stay;
(D The educational qualifications or appropriate credentials which demonstrate that the Canadian or Mexican citizen has professional level status; and
(E) The arrangements for remuneration for services to be rendered.
This, and I also think that you'd have to be an employee of a company, not self-employed, and would need an offer letter, in addition to your degree, while crossing the border.
This, and I also think that you'd have to be an employee of a company, not self-employed, and would need an offer letter, in addition to your degree, while crossing the border.
This is the way it works in reverse...I had to present my offer letter and my Maryland surveyors license at the border to be issued a work permit when entering Canada a decade ago.?ÿ On the plus side, it only took ten minutes.?ÿ ?ÿ
