I am an Indian citizen and was working in the U.S. in H1B status. In 2019, I was hired by the parent company in Toronto, and I have been working in Canada for the past 18 months. I now wish to return to work for the U.S. subsidiary in H1B status. Do I need to first apply for an NIE? If so, can I do that from Canada, or do I have to go to India?


There is no specific COVID-related travel ban for people who are in Canada, regardless of the person’s country of citizenship. Travel via the U.S./Canada land border is mainly restricted to essential travel, but travel by air from Canada to the U.S. is being treated the same as travel from essentially any other country that is not subject to COVID travel restrictions (e.g., India, Brazil, China, much of Europe). Typically, therefore, no NIE would be needed.  (26.Aug.2021)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.


Copyright © 2021, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.