Asked in Immigration Law and International Law for Illinois

Q: Do foreign expert witnesses need a work permit in the USA when they testify?

In Canada, a worker does not need to obtain a work permit to enter Canada if he/she: (i) is entering Canada to conduct surveys or analyses that will be used as evidence before a regulatory body, tribunal or court of law, or (ii) is entering Canada to serve as an expert witness before a regulatory body, tribunal or court of law.

How does it work in the USA? I am not a US citizen, nor have a work permit. I was asked to be an expert witness and I need to deliver my testimony in person.

It it legal for a foreign person to be an expert witness in the US and testify without working VISA or a similar employment authorization?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing

A: I don't believe you do if it is for a specific hearing only.Ask the law firm retaining you. If most of your preparation is done overseas, if your report is written overseas, and the only purpose of the trip to the US is testimony it may fall outside the

definition of "employment.."

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