Canadians vs. other internationals in the US

[sorairo]

I'm a Canadian student who will be starting grad school in the US this fall, and I've been really confused by all the logistics of it. I've been able to find a lot of resources for general international students, but I understand that there are some differences for Canadians and I've had a hard time pinpointing those. Specifically, I'm confused about the status I would have in the US (is it like a J1/F1?) and whether I would be able to stay in the US to work after graduation (I'm under the impression that you can stay for one year with an F1 visa, but you need to return to your home country for some time with a J1, except it doesn't apply to Canadians...?). Help please! Thanks in advance

[spec789]

I am also a Canadian, but I did my undergrad and master's in the US, and will stay in the US for my PhD. I also travel out of the US usually twice a year, mostly to go home for the holidays.

 

The basic difference with Canadians is the visa, or lack thereof. The most important document for you is the I-20 form. This form is from your university that you will be attending in the fall. It is an official document proving that you are attending a university in the US and that you have the funds to support yourself while living in the states.

 

As a Canadian, you do NOT need to apply for a visa. Canada has an agreement with the US, and they will give you the 'visa' at the border when you enter (exceptions to this are flags in your background, like a criminal record). What you do is present the I-20 to the immigration officer at the border/airport, and he will stamp your passport and sign it with the correct visa name, which in this case is the F-1 visa. You can freely leave and enter the US, as long as you have the I-20 with you as you enter.

 

Also, look into the TN (Treaty Nafta), if you are thinking about internships Basically a pretty sweet deal if you are Canadian.

 

I hope this answers your questions. Please feel free to respond and/or message me if you have any more questions.

Edited April 2, 2014 by spec789

[TakeruK]

I am also a Canadian in the US. I am on J-1 status.

 

I just want to clarify that we often confuse two distinct but similar things when we say "F-1/J-1". 

 

A visa is a document that gives you permission to enter the US. It looks like a page in your passport, with your photo and all that. As mentioned above, Canadians do not need a visa to enter the US. 

 

There is also a thing called "immigration status", which gives you permission to remain in the US for a legally defined purpose. This is your I-20 (if you are on F-1 status) or DS-2019 (if you are on J-1 status). You will get this document from your school's International Office and it is very important! You basically use this every time you need to prove you are legally allowed to be in the US (to get Social Security, open a bank account, get a driver's license, etc.).

 

In order to be eligible for F-1, your I-20 must show enough funding support (either from the school, from Canada, or from bank accounts) for 1 year of tuition, fees, and living expenses. In order to be eligible for J-1, your DS-2019 must show enough funding support for all years of your tuition, fees, and living expenses. In addition, the J-1 status requires that most of your funding does not come from personal/family savings. But for most PhD programs in the sciences, the school will fund you through fellowships, RAships, and TAships. You don't fill this financial information yourself--you give the info to your school and they create this document for you. Finally, in order to get the DS-2019, the school has to agree to sponsor you on J-1 status. Some schools will refuse to sponsor students on J-1 status even though they meet the US Department of State requirements. 

 

As for F-1 vs. J-1, F-1 is the far more common option. I think the only real reason to pick J-1 is if you have a spouse that would like to work while you are in the US. Your spouse cannot work if they have F-2 status (if you have F-1) but they can work, with permission, if they are J-2 (and you are J-1). It took about 4 months for my spouse to get her "Employment Authorization Document" (EAD), which is a card valid for 4 years (length depends on a lot of things) and allows her to get a Social Security number and find employment. There are some extra eligibility criteria to get the EAD though.

 

For post-graduation, there is something called "OPT" (Optional Practical Training). Both F-1 and J-1 allow you to remain in the US for 9 months after graduation if you are working in a field related to your PhD research. You do have to apply for this and you have to secure the job within 60 days of graduation if you are F-1 (30 days if J-1) [usually people have a job before they graduate if they go this route]. However, if you work in a STEM field, there is 27 month extension to OPT for both F-1 and J-1. Therefore, no matter which status you choose, you can work for up to 3 years in the US on the same F-1/J-1 status as a postdoc or other job in related field. 

 

Finally, it sounds like you have heard about the 2 year home residency requirement, which is only for J-1 students who 1) are getting training in a field from a special skills list for their home country, 2) have government fellowships, and/or 3) received medical education/training. So if you were not considering J-1 at all, you don't have to worry about this! Canadians are not subject to (1), and it doesn't sound like your program is (3). So, as long as you are not being covered by a government fellowship (e.g. NSERC, since we don't qualify for US ones), this would not affect you. But even if it does, it just means you have to be physically in Canada for 2 years before you can immigrate to the US. This does not mean you must return to Canada immediately after your PhD--you can go elsewhere first. Also, you can request a waiver from your home country to release you from this requirement!

[victorydance]

Does your significant other have to be your spouse to be considered for a J-2?

[TakeruK]

Does your significant other have to be your spouse to be considered for a J-2?

 

Only your spouse (you need a marriage certificate, no common-law relationships allowed; which is one of the reasons I did a MSc in Canada first) or dependent children under 18 are eligible to come with you into the US as F-2 or J-2 status. Not all J-1 statuses will allow for dependents. For example, you can have J-1 status if you are a high school exchange student, but no J-2s are allowed to accompany that J-1. But J-2 spouses and children are definitely allowed with J-1 Doctoral Students. 

 

When I was applying for J-1, the law was that same-sex spouses are not eligible for J-2 status in the United States, even if they are legally married in their home country (e.g. Canada). However, since the US Supreme Court has struck down part of the "Defense of Marriage Act" (DOMA) last year (one news story: http://www.huffingtonpost.com/2013/06/26/supreme-court-doma-decision_n_3454811.html), same-sex spouses legally married in their home country can now immigrate to the US as if they were different-sex spouses (yay for equal rights!): http://www.uscis.gov/family/same-sex-marriages

Edited April 3, 2014 by TakeruK

[sorairo]

Thanks for the detailed explanations, guys! TakeruK, thanks especially for the distinction between visa/status, I was definitely confused on that point. By the way, do you know if OPT does anything towards immigration at all? (I guess I wouldn't have to worry about that for years and years, but still.)

[TakeruK]

Thanks for the detailed explanations, guys! TakeruK, thanks especially for the distinction between visa/status, I was definitely confused on that point. By the way, do you know if OPT does anything towards immigration at all? (I guess I wouldn't have to worry about that for years and years, but still.)

 

What do you mean by "does anything towards immigration"? While on OPT, you are still either F-1 or J-1 status, which are non-immigration statuses, so no time spent on F-1 or J-1 status (whether OPT or not) will count towards time earned towards permanent residency. So, no, whether or not you do OPT will not help you get closer to permanent residency (i.e. a green card).

 

There will be some changes though--if you stay long enough in the US on F-1/J-1 status, you will begin to be treated like a US resident for tax purposes (which also affects your Canadian tax purposes). Normally, to be considered a US resident for tax purposes, you need to spend at least 181 days living in the US in a given tax year, however, the first 5 years on F-1/J-1 status does not count towards this. But if you do, say, a 5 year PhD, and then stay in the US for a 3 year postdoc, then you will be paying US taxes as if you were a US resident in the last 3 years. But, this is not really related to immigration!

 

OPT might indirectly help you get a permanent job that can lead to permanent residency though. In order to get permanent residency through employment, you need to have an employer willing to sponsor you for an immigration-class visa, the names that I do not know right now. So, doing OPT after graduation in the US means you are still in the US job market, making US contacts, and gaining experience that might lead to an employer willing to hire you and sponsor you for immigration! 

[sorairo]

Ah, sorry for not being clear -- I was asking about time counting towards permanent residency (wasn't sure if it was just a time thing), but you definitely answered it. Thanks!