Consulting in the USA on aTN for one client

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Doug007New Member
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Posts: 8
Joined: 9 Jan 2011

Consulting in the USA on aTN for one client

Post Sun Jan 09, 2011 8:47 pm

I'm a "Computer Systems Analyst " with a consulting offer with a US company. They are willing to pay me a consultant rate ($100/hr) for my work and services on a three month term.

In Canada, what I do is all my consulting is done through my corporation. In the US can I still get a TN visa and somehow remain my independant status as a contractor for XYZ America Inc. instead of an employee of XYZ America Inc.?

I would be willing to be a contractor paid directly as an individual or through my corporation.

Thoughts?
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agnelsonCanuckAbroad VIP
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Joined: 26 Aug 2009

Re: Consulting in the USA on aTN for one client

Post Mon Jan 10, 2011 5:51 am

You cauld get either TN or simply enter on B1 business visitor.
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Doug007New Member
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Posts: 8
Joined: 9 Jan 2011

Re: Consulting in the USA on aTN for one client

Post Mon Jan 10, 2011 9:55 am

Are you sure about that? I am pretty sure B1 Visitor status won't allow me to work 40 hours in the US a week.
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agnelsonCanuckAbroad VIP
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Re: Consulting in the USA on aTN for one client

Post Mon Jan 10, 2011 1:49 pm

Why not. You can spend a year at at a time in US on B1.

can you maybe consolidate your questions, and perhaps ask at an immigration site. This here is a travel advice site.
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Doug007New Member
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Posts: 8
Joined: 9 Jan 2011

Re: Consulting in the USA on aTN for one client

Post Mon Jan 10, 2011 2:45 pm

Good point. I've been able to get the information I need from some other sources.

This is what I've found out (due to responses on this site, other sources, and verified on other sources):

1) I can work for my own consulting company which has a contract with ZXY America Inc.

2) I can get a TN Visa for myself to work in the US under my own corporation who's client is ZXY America Inc., but I am an employee of my corporation working on-site. This will allow my corporation to bill the client directly as per the contract arrangement.

Other option is to go as a B1 Visitor for up to 6 months, however there is a likely chance I could be turned away at the border if they suspect I am actyally doing physical work at the client site other than requirements gathering, meetings, etc.

3) I am not an employee or considered an employee of ZXY America Inc. as per the TN Visa sponsership.

Maybe this clears it up for other people as well.
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Consulting in the USA on aTN for one client

Post Tue Jan 11, 2011 5:04 am

The limit on what activities you can engage on while in B1 are not as restricted as you seem to think. Engineering work in support of an on-going contract, for example, is permitted.

But, if you can secure TN, this is much more stable than B1 and less subject to scrutiny on each entry on B1.
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