canadian woking from US for Canadian company remotely

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?

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.

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.

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?

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.

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.

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

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?

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.

I have a similar situation so I thought I would bump this thread rather than make a new one.

I am a Canadian living in BC. I work remotely as a contractor for a Canadian company. I would like to temporarily live in the United States, with my girlfriend in Washington, who has about a year left in university. When she is done, I plan to come back to canada.

I plan to be there longer than 6 months, and I plan to continue to work remotely for my canadian employer, earning canadian money, going to my canadian bank account. It is my understanding that despite all of this, because I am still performing my duties on US soil, I must have a work permit.

The only two ways that a work permit seems to be possible is either carrying a job title and qualifications in accordance with the NAFTA list that includes doctors, engineers, etc. or have an offer letter from a company in the US who also has to petition your acceptance into the country to work for them.

Obviously since I am employed by a canadian company, that isn't relevant, or possible.

Is there another kind of visa for this, or can this be done as a visitor? Or does it fit under one of the aforementioned and I have a misunderstanding?

Or, do I go in on a visitor visa and work from home? If so, can I extend my 6 month stay, or will I be forced to go back to canada?

Any ideas for this scenario?

Thanks!

You may qualify for a B1 visa, but I dunno. Have a look at the Dept. of state info on the Business/Tourist visas http://travel.state.gov/visa/temp/types/types_1262.html

As for extending your stay past 6 months, that would depend on if they'd even allow you in the first place.

If you stay in the US beyond 6 months, you'll also have to consider that your provincial health care benefits may also be affected, and you'll need to get an extension with your home province.