published on 23 May 2025

Each year, thousands of professionals cross the U.S.-Canada border for work. Some are heading south to seize new career opportunities, while others are moving north in search of stability, culture, or a new start. For most, it’s a career move. For some, it’s a life move. And in every case, there’s one shared obstacle: immigration law.

We often think of immigration in terms of headlines—politics, policy changes, border debates. But for the average working professional or HR executive, it’s not a political issue. It’s practical. It’s paperwork, timelines, sponsorships, and, above all, uncertainty.

https://pod.fo/e/2d891cThat’s what made my conversation with Andy Semotiuk on the State of Work Today Podcast so important.

Andy is an experienced U.S. and Canadian immigration lawyer who’s helped more than 10,000 clients navigate the complexities of cross-border work and business immigration. A former UN correspondent, Forbes contributor, and member of Canada’s Human Rights Tribunal, Andy has spent decades watching the human side of immigration play out in real time.

Our discussion was one-part legal masterclass, one part personal journey, and entirely relevant to anyone hiring across borders—or hoping to work across one.

Immigration Isn’t the Barrier You Think It Is—If You Understand the System

Here’s the main idea that came through during our conversation: for professionals moving between the U.S. and Canada (and Mexico), immigration law isn’t meant to be a wall—it’s a door. But if you don’t know how the door works, you’re going to waste a lot of time trying to break through the wall.

We focused a lot on the practical tools available under the U.S.-Mexico-Canada Agreement (USMCA, formerly NAFTA), which offers straightforward pathways for professionals to work across borders. The most well-known of these is the TN visa, which exists specifically to allow professionals like engineers, teachers, economists, and nurses to accept jobs in the other country with minimal red tape.

And yet, despite how accessible these programs are, many people don’t take advantage of them—or worse, get stuck in avoidable complications because of simple misunderstandings. Andy's stories were packed with lessons for both professionals and employers on how to avoid those pitfalls and navigate cross-border work with more confidence.

1. The TN Visa: Easier Than You Think (If You Know What You’re Doing)

One of the biggest surprises in our conversation was just how straightforward the TN visa process can be—especially when compared to the long waits and complex paperwork of other immigration paths. According to Andy, the TN category covers over 60 recognized professions, and the application often happens right at the airport or border.

As someone who’s gone through the process myself, I shared how surprised I was when I first moved from Canada to the U.S. under a TN permit. I cleared U.S. customs in Calgary with little more than a job offer letter and proof of my degree. It felt almost too easy. But what made it work was preparation—and understanding the language immigration officers are listening for.

That’s a key point Andy made again and again: immigration is about saying the right thing in the right way. A single word—like "work" when you're supposed to be a "business visitor"—can trigger extra screening or even a denial. You need to know the terminology and stay within the lanes each visa type allows.

2. HR Misunderstands Immigration More Than You Think

Another major theme in our talk was the disconnect between employers and the immigration process. Too often, HR departments assume immigration is complicated, risky, or just not worth the effort. But for many roles, especially under USMCA, hiring a foreign national can be almost as easy as hiring someone locally.

Andy often writes "comfort letters" for job applicants, explaining to potential employers that hiring this person from across the border is both legal and low-risk. Sometimes all it takes is reassurance from an expert to shift a hiring decision.

He also stressed that while HR departments might feel pressure to “figure it out themselves,” the best move is usually to consult a lawyer early. A quick legal check-in can prevent delays, denials, and headaches later. In one story, a client tried to handle everything alone—until a mistake nearly cost them a critical business deal. Andy now keeps them on emergency retainer.

It was a good reminder that just because a process looks easy, that doesn’t mean you should do it without support. Especially when jobs, families, or business goals are on the line.

3. Work Across Borders Isn’t Just About Jobs—It’s About Building a Life

While a lot of the conversation was technical, what stood out most were the stories. Andy talked about helping people start over in new countries, about how one visa decision can shape the lives of not just a professional, but their children and grandchildren.

He shared a simple but powerful analogy. Three men are building a wall. One says he’s making \$10 an hour. The second says he’s building a wall. The third says he’s building a cathedral. That’s how Andy sees his work in immigration—building cathedrals, not walls.

That broader perspective matters. Whether you're an HR leader trying to fill a critical role or a professional hoping to advance your career, immigration decisions aren't just about access. They're about impact.

We also touched on the emotional side of visa uncertainty. Many professionals, especially on early-stage permits like TN or H1B, live with the constant stress that a layoff could mean losing their right to stay in the country. That kind of pressure affects how people work, plan, and invest in their futures. Organizations that understand and support immigration realities tend to earn more loyalty—and attract better talent.

Where Remote Work, Policy, and Possibility Meet

One topic we couldn’t ignore was how COVID-19 changed everything. Remote work is now a standard option, not an exception. So what happens when your employee lives in Canada but works for a U.S. company full-time? Or vice versa?

Immigration law is still catching up. While remote roles can ease some pressure, they don’t remove legal obligations. In fact, cross-border remote work creates its own challenges—around tax, compliance, and employer liability. But it also opens doors to talent pools that used to be off-limits. As Andy pointed out, immigration systems must adapt if we want the global workforce to function effectively.

In many cases, especially in healthcare and tech, immigration is the only realistic way to fill labor gaps. The average age of a nurse in the U.S. is 50. We’re not training enough new ones fast enough. That’s not just a workforce issue—it’s a national one. And it’s one immigration can help solve.

One Last Thought: You Don’t Have to Know It All—But You Do Need to Start Smart

We wrapped up our conversation with some practical guidance: If you’re a professional thinking about working in the U.S. or Canada, do your homework. Understand what your visa options are. Talk to an immigration attorney, even if just for an hour. Get clear on what’s possible—before you make big life decisions.

And if you’re in HR, don’t let fear or confusion around immigration stop you from hiring the right person. With the right legal partner and a little knowledge, cross-border hiring can be faster and easier than you think.

Andy’s also the author of The Young Professional, a guide for new graduates stepping into the workforce. It’s another way he’s helping people not just find jobs—but build sustainable, balanced careers.

This episode reminded me that immigration law doesn’t have to be intimidating. With the right support and the right approach, it can be an empowering tool—one that helps businesses grow, careers flourish, and lives change.

And that’s exactly what The State of Work Today is all about. Listen to the full podcast

Read more