Canadian working for US non profit

They can hire me as a contractor and pay me in US funds? Is there a time limit with a B-1? If so, is it common to reapply and be successful?
Within two years I will be moving to the US and marrying an American. I will remain Canadian - my family is here and I am proud to be Canadian. Will I be able to work with a B-1 until I move and change things then?

I do not think you can accept payment from a company based in the US while on a B-1. The B-1 is designed for people who work for Canadian firms who must attend business meetings, conferences, etc. in the US.

If you marry an American, you could get a green card which would eliminate any of these work permit issues.

There has to be some way I can do this? I will not be moving to the US for another two years. I have been offered the Job, starting in Sept. 2009.

You might be able to go the B1 route but they will have to find a way to remunerate yourself from Canadian sources, i.e. the compensation may not originate from the U.S. otherwise you have violated B1 Status. Basically, when CBP discovers you are compensated from U.S. sources, they will deny you entry, at least they should.

After your B1 is over, you should stay in Canada and then formally execute a K-1 fiancé visa. If you attempt entry on a B2 or tourist status during the marriage process, CBP could refuse you entry on the grounds that you explicitly displayed immigrant intent unless you can prove the trip is temporary. You should remain in Canada during the process until formally married, and then you can go to the U.S.

That is, when your petition for marriage is approved and you obtain your marriage visa from a consulate, you may enter the U.S. as a non-immigrant to get married. If the marriage does not go forward within 90 days, you must depart the U.S. immediately.

The reality is that it is often very difficult for most people to immigrate to the US to work. Unlike many other countries including Canada, the US does not have a system whereby you can simply apply for a work permit and work. There are few options for non-citizens to work in the US. If you have a degree, I would look into the H-1B option. It is an involved process to be sure, but there are still H-1Bs available as far as I know.

Yes, H1B does allow for dual intent, i.e. you are allowed to show immigrant intent with this type of visa so if you qualify, maybe this is also a possibility. If you are eligible for H1B Status, you may be able to entertain this route as well if the H1B's manage to last a bit longer.

So ... if I understand this correctly. I need to apply for a B-1.

B-1 is the regular business visitor category, you don't need to apply for it.

I should become self employed - get a business number and invoice them for time worked. When in the US, I am only there for meetings. They can hire me as a contractor and pay me in US funds? Is there a time limit with a B-1? If so, is it common to reapply and be successful?

Well by "re-apply" you're just entering again, so as long as you don't spend more than six months in the US each year you're okay on that one. Like I said, do a web search on "B-1 NAFTA entry" which will give you the regs that explain what you can and cannot do. If it's just meetings you should be okay. If you register as self-employed you just invoice them, it's that simple really, GST is zero-rated. You may need to file an informational 1040NR with the IRS every year if your income is over $100,000. They can pay you in any funds they like, you convert it into Canadian funds using the rates from http://www.bankofcanada.ca and report it on your T1 as a self-employed individual.

Within two years I will be moving to the US and marrying an American. I will remain Canadian - my family is here and I am proud to be Canadian. Will I be able to work with a B-1 until I move and change things then?

B-1 is very limited in what you're allowed to do, like I said, check the regs.

-- Sun May 10, 2009 6:38 pm --

You might be able to go the B1 route but they will have to find a way to remunerate yourself from Canadian sources, i.e. the compensation may not originate from the U.S. otherwise you have violated B1 Status. Basically, when CBP discovers you are compensated from U.S. sources, they will deny you entry, at least they should.

She can go in for meetings and invoice them from Canada for work she does there, that's legal. But she can't be directly employed by them in the US. She could be directly employed by them in Canada, but that means they would have to set up a Canadian payroll, which generally US employers are not going to do for a one-off. So that means registering as self-employed in Canada.