Canadian Working for UK Company Wants to Move to USA

[Classroom Canada]

Okay, this one is complicated so let's see if anyone can help.

I own Classroom Canada, a Canadian teacher recruitment company that helps Canadian teachers move to work in London, England. I do this from Canada, but get paid in British pounds from a UK company. This means that I am technically a "sole proprietorship" company in Canada, so, self employed. I invoice the UK company and pay taxes here in Canada.

Now, I've just expanded to help the American teachers with Classroom America. It's the exact same thing - helping American teachers move to work in London. I'm looking into living in NYC for a few years to really get in there with American teachers. I specialize in helping inner city school teachers, so NYC makes sense as they have similar practices to London. It's also much closer to Toronto than where I live now (Victoria, BC) so will be much easier for me to interview Canadian teachers in Ontario.

So, my question for you, dear reader is this: Can I do this? I realize I could do it illegally by just spending 6 months of the year in the states, but really, I am not into that option. Can I move to the states as a small business owner? Does anyone know what that would be called? It's not like I'm trying to move a massive corporation there, so I'm a bit confused on all the options listed in the immigration site. I could employ an American citizen (in fact, I'd really like to hire an administrator to help me check all my teacher's paperwork), so I'm not sure if that helps.

I'm sorry if this has already been asked by someone else. Actually, if it has and you know where, please point me in their direction!

Thanks so much!
Victoria Westcott
Classroom Canada, and soon...Classroom America

[axolotl]

The only option for you as far as I can tell is an EB-5 (investment) green card. There are a number of requirements, mainly that you invest at least $1 million in the new US enterprise and that you hire at least 10 full-time employees.

[Steven]

You're looking at E, either E-1 because the US is part of your supply chain for your business or E-2, treaty investor.

From the sounds of it you do qualify for it but beware of the fact it is a very complex (the most complex) visa to apply for, and it actually is a visa unlike most other non-immigrant categories for Canadians.

http://toronto.usconsulate.gov/content/ ... ment=evisa

Requires a "substantial" investment, which is hard to define exactly but $50,000+ is the rule of thumb. Plus you technically cannot be self-employed on it, you "control" the investment but are not an employee, but that is a very grey area and I've met various people on E who are basically self-employed although officially they're not.

Given that your business is primarily in Canada from the sounds of it, I'm afraid you're one of the very unlucky people who will have to register as a non-resident alien self-employed person in the US, which is by far the most obscure tax filing status, good luck with that one. Don't ask me for help, the only advice I ever got from the IRS was: "well, Fred audits those, and he has to do something to justify his salary".

[Classroom Canada]

Hi Steve,
Wow - thanks for your help! At least I can start the process and decide if it's worthwhile. Seems a bit daunting to say the least!

I love this part - "non-resident alien self-employed person" - what a funny way to describe myself. I think that will have to be my facebook status update if I ever do make it to NYC.

Cheers,
Victoria