New Hire-Canada/US

Skylyon · May 2005

Canada/US

We are a US employer (Michigan) and very interested in a candidate for an open position from Canada. Are there special forms that I need this person to fill out if hired? Like immigration forms….reporting to ins., ect…What I usually have the new hire fill out is the normal tax forms, I-9 with a copy of driver license and social security card.
Is there anything that I should also look out for with back ground checks since this is out of the county? Usually I run on the ee’s a criminal background, sex offenders, MVP and social security check. How would I go about running a background check for someone in Canada? Guess I need lots of help! 

Thanks in advance,
Nicole aka Skylyon

TN HR · May 2005

Oh brother! I'm not even sure where to start! First, on the employment eligibility question. You need to ask this candidate if he is eligible to work in the U.S and can he provide proof within 3 days of starting. Anything other than an affirmative answer should be a red flag that he probably is in need of a work visa. This is somewhat tricky. I don't know what industry you are in, but depending on that and the person's skill set, it can go from very easy and inexpensive (TN visa) to very difficult and expensive (H1B visa).

As far as the background check goes, you may need to ask your vendor if they provide any sort of international service. I know they're out there, I've just never used one.

Good luck.

Gene

hhaynal · May 2005

Gene,

Can you ask this question prior to an offer? What I mean is, can you inquire as to their eligibility status to work in the US prior to setting up an interview? We are recruiting and interested in a Canadian as well but do not want to go through the time and energy and waste of time interviewing if the individual is not eligible. My concern, and I'm still looking into this, is that by asking about eligibility prior to an offer being given may, and I stress may, run a risk of national origin discrimination.

How do you handle such a situation?

Heidi

Don D · May 2005

Yes, certainly you could and should ask that question. The question is on our application form. But there's nothing wrong with asking it prior to that stage. You should ask it of all individuals however, not just those you profile. This question is just as basic to us as is the question, "Are you at least 18 years of age?"

At the present time, persons who are not authorized to work in the United States are not a protected group. Well.........let me rethink that.

Skylyon · May 2005

What I have asked the hiring manager to do is when they set up an interview with this person to ask them if they are eligible to work in the US and if they can provide proof. Guess I will take it one step at a time.
The industry that I am in is non profit - education (public). if that helps.

Thanks for helping me; I am sure that I will be posting again on this subject if we take it to the next level.

Nicole

Don D · May 2005

Pretend, for a moment, that the candidate is from Columbia, Mexico, Venezuela, London, Zimbabwe or New Delhi. The same checks and assurances apply to the Canadian guy as apply to those situations. You get no slack cut because he is a stone's throw away. And beware those U.S. attorneys who promise you Canadians are a simple hire. They are lying through their teeth.

hhaynal · May 2005

Nicole,

Good question! And good answers from the forum...very useful and informative for me.

Thanks everyone!

E Wart · May 2005

First, I would suggest you invest a few dollars and call an imigration lawyer. I think you will find that probably one phone call may be all you need.
It has been a few years and the laws could have very well changed... however, Canadian employment is much, much easier than many other countries due to NAFTA. About 8-10 years ago my prior company hired a Canadian. All he had to do was to have an offer letter from us saying he had a "permanent" job with us. He was able to come over on some type of permit/visa that he got when he crossed the border. When he got here he filed and got a Social Security card and driver's license and we were on our way. Extremely easy. He may need to just call the imigration or some type of dept in Canada to make sure that this is all he needs to do. However, his family coming over was another story. (He ended up having his wife come over separately saying she was on an extended vacation and was able to come for about 1 yr or 18 months. But children had to be home schooled and wife couldn't work (unless she went through the same thing.) She couldn't go back home or may not be able to come back... this ended up being a mess.
I understand that it is much easier for Canadians to get their green card as well.
I don't have any idea on background searches. Talk with the company that presently does yours. I know they must have had this come up.
E Wart

Skylyon · June 2005

*Update*

I checked with our security company before we even hired this person if they can process international background checks. They said yes and we hired. Now I am receiving this response from them on international background checks

"...returning this one because I was not able to check because the person lives in Canada. Homeland Security do not allow us to do out of the country (international) checks ever since the 9/11 attack. The person has to do it themselves. They can have it done at the RCMP (Royal Canadian Mounted Police) in Windsor. They would need two pieces of ID and something from your company stating that a background check is required by your company for employment."

The company that I go through is a security company. Does this sound right? To me, this sound a little strange. I personally do not have a problem calling the RCMP to get a background check done on this person. Background checks are very important to us since we deal with the public and safety of the child comes first.

Can anyone help me by pointing me in the right direction?
Anyone from Michigan who knows of a company that can/will process international background checks? Just looking for a clean record (no criminal background and clear from the sex offenders list)!!

Thanks
Nicole

New Hire-Canada/US

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