Employment Question

[ctsun1127]

If my company hires me through their Canadian branch, am I even allowed to travel down to the US to work? If so, how many days out of a 5 day work week for example would I be able to spend in the US?

The problem is that my boss who is the one who found me and wants to recruit me works in the US, so I would need to at least go down there at first to get training from him and what not.

Is working for free legal in the US? I was considering working for free for 6 months during training, and then actually signing on in Vancouver as a possibility if the TN-1 status doesnt work out.

[lawsrlaws]

No, you can't work in the USA, not even for free. It is illegal. You may be able to recieve training, but you would have to show that your job is in Canada and not at all in the USA.

[Steven]

Depends what you're doing exactly but generally no, there are some very limited things you can do on B-1, which would include training and business meetings.

[ctsun1127]

why is it like this though, I'm not getting paid or anything

is it because i'm taking free opportunities away from an American? If that's so, that's horseshit lol.

[Steven]

It depends on whether it's a job an American could get paid for as defined by the Dept. of Labor. The DOL has a list of prevailing wages for whatever job it is, if you're getting paid below that then it doesn't matter, the fact that you *should* be getting paid is how they make the determination. You can enter as a B visitor for certain volunteer positions but you need to check with the DOL first. There's been people who wanted to help clean up after Hurricane Katrina who were denied entry, because e.g. carpentry is a paid job usually.

Technically if you engage in home improvements on your own home while you're there that could be unauthorized work, but I wouldn't worry about that one too much, unless you're doing up houses and selling them on.

You might want to look at an H-3 entry, which is intended for situations like this, i.e. there is no comparable way of getting the training in your home country. You can get paid while on H-3. But it does require some effort on behalf of your employer, they must have a training programme set up and sponsor you on an I-129. At the end of it they could then apply for change of status using I-129 to H-1B if there are any visa numbers available.

[lawsrlaws]

why is it like this though, I'm not getting paid or anything

is it because i'm taking free opportunities away from an American? If that's so, that's horseshit lol.

Yes, horseshit. You act as though you have a right to go freely into another country and do as you wish. Its not a right, its a privleage. I cannot even attempt to go into Canada with so much as a hammer and a saw without being refused entry as a possible illegal worker.

You people seem to forget that your border has EXACTLY the same rules on workers coming into your country as we do. We MUST have a work visa first before we enter.

Also, its NOT about the money, its the fact that you are displacing a USC.

[Reba]

for some reason, Canadians feel they should be above the rules of immigration to the US. No idea why.

ctsun, it is what it is because that's the law. If you're doing work in the US, then you have to have a work permit. Simple as that.