canadian woking from US for Canadian company remotely

CndnTelecommuter
New Member


Canadian citizen telecommuting from US

Joined: 18 Oct 2006
Posts: 1
Location: California

Posted: Wed Oct 18, 2006 9:35 am

 

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Hello. Does someone know the answer to this question or is anyone in a similar situation?

I am a Canadian citizen working for a Canadian company that does NOT have any presence in the US and does NOT plan to have any presence in the US. I recently took a temp. leave of absence from my job so that I could move down to the US (California) with my husband. My husband is working in California for a US company and he's on a TN visa. I am here in Cali with him, on a TD visa. My company has suggested that I continue my job by telecommuting. I would work from my den in our apartment in Cali . telecommuting to Canada. Not producing any goods or services here in the US. just working online for my Canadian company while sitting in California. Can I do this while on my TD visa? Or do I need a work visa or work authrization?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1139
Location: North Carolina

Posted: Thu Oct 19, 2006 3:57 am

 

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If you are in the US working, then you need a work permit. Even if you're working for a Canadian company in your own home.

I dont think a TD visa permits you to work.
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canadianexpat96
Junior Member



Joined: 28 May 2006
Posts: 11
Location: Cambridge, ON

Posted: Thu Oct 26, 2006 6:38 am

 

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So what kind of a visa will she need if she performed duties for a Canadian company and she was being paid in Canada and did not take any American jobs in the course of her work?

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CanuckAbroad
Site Admin


Back in Victoria after living in Budapest

Joined: 04 Mar 2003
Posts: 482
Location: Victoria

Posted: Thu Oct 26, 2006 8:30 am

 

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I think it would depend where the money is going. If the money is staying in a Canadian bank account, I think that would be 'alright' - might be a grey area. I did that for awhile while living abroad but I'm not entirely sure it was legal.

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1139
Location: North Carolina

Posted: Sat Oct 28, 2006 5:37 am

 

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It isn't. My Uncle used to winter in Florida, and one time took some files with him to review (he's a lawyer) and CBP gave him the third degree at the border. And that was years and years ago. Its gotten more strict since.
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klaatu62
New Member



Joined: 03 Nov 2006
Posts: 6
Location: Boston

Posted: Mon Nov 06, 2006 5:42 am

 

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This is a very gray area.

INS is mostly concerned with who is paying the bill, a US or Canadian firm. I was even told once that if I was a consultant working for a Canadian consulting company in the US at a US commercial site, and I was paid by the Canadian company, that I didn't even need a TN!

I have the feeling that if ALL money is coming from Canada. (ie the work you perform is not ultimately for a US entity) you "MAY" be OK. I would however suggest that you contact "Homeland Security" and discuss it with them. Also, try to get a ruling in writing.

K62

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yellowsheep
New Member



Joined: 01 Jan 2007
Posts: 5
Location: Toronto

Posted: Mon Jan 01, 2007 4:24 pm

 

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What if you have a Business setup in the US, with a US bank account? does that qualify you to work and conduct business in both countries?

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klaatu62
New Member



Joined: 03 Nov 2006
Posts: 6
Location: Boston

Posted: Mon Jan 01, 2007 5:16 pm

 

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With reference to TN visa, it specifically says you must be at arms length to the company that hires you. For instance, you, or your wife, kids, father etc could not hire you to work there.

I'm certain that there are some cases that can work, for instance you could have a company with offices in Canada and the US. There is a VISA for inter-company transfers at the officer level, as well as for employees with certain specific knowledge.

Simply being a Canadian who opens up a company in the US is not acceptable as a way for you to move to the US.

Lastly there are special visas for persons who make substantial investment in the US. I am not certain what the amount is any more, it used to be something like $100,000 but could be 5 times that or more now.

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