Freelance work for Canadian clients while visiting the US ?

[theworldawaits]

Hey there.. been checking out the forums, great resource! I couldn't find the answers to my specific question, so I'll post them below. =)

The short version:
I'm a Canadian madly in love with my longtime Californian girlfriend. The rough plan is to move there, get engaged and get married within six months. At that point, we will leave the US for one year to serve together abroad in Africa. Can I be in the US legally during the time before our marriage (and still make money)..? I am not too concerned about fiance/marriage VISA's right now since I'm looking primarily at the January - July 2010 timeframe.

The long version:
I have a small Canadian freelance business.. with Canadian clients who pay me in Canadian dollars. For all intents and purposes, I will be a Canadian resident taking a sabbatical to work/travel abroad for six months (some of which in the US) while continuing my freelance business remotely (and keeping my clients happy while I'm away!).

As I do research, however, I see that this may be a problem (or maybe it's not?). I will not be spending more than six months in the United States, and I will not be doing any work for a US employer.

Can anybody direct me to a website or law that specifically stipulates that I cannot do Canadian freelance work while in the US?

Alternatively, is there any scenario where I COULD work for my Canadian clients while in the US? If I am approved for a B-1 or TN visa... can I continue to carry on my work with Canadian clients? I may be able to find a flexible job for the TN (since I qualify).. or participate in a voluntary activity to qualify for a B-1 (I have connections through church).

During these six months, I will continue to have a permanent residence in Canada and can also prove I have sufficient funds to stay for six months. Does this make any difference?

I really want to make sure we are above reproach and doing everything according to the US laws. Any advice or suggestions would be greatly appreciated!

Thank you kindly for providing this great resource..

Warm regards,

[nickCR]

I have been doing quite a bit of reading around today and from what I understand and read, you CANNOT stay in the USA and do work even if it's through Remote Desktop to a computer in Canada while on a "VISITORS" visa.

You would need to give up your work, or do 2 weeks in Canada, 2 weeks in USA.

I cannot speak for the other types of VISAS.

[deaton333]

The thread on this site from about a year ago entitled "Canadian citizen working remotely in US for Canadian company" might help. This other one called "canadian woking from US for Canadian company remotely" may help as well. I really have no idea what is legal in these circumstances, but I think if you stay less than 183 days and make less than $10,000, then at least you (and your employer) are not violating US tax codes. However, USCBP would be very concerned with your immigrant intent; planning on working remotely would obviously make it possible for you to overstay.

Read more: Canadian citizen working remotely in US for Canadian company : US Visas and Immigration : Travel Tips & Advice Canadian citizen working remotely in US for Canadian company

Read more: canadian woking from US for Canadian company remotely : Canadians in the USA - Page 2 : Travel Tips & Advice canadian woking from US for Canadian company remotely

[theworldawaits]

I've read both of those threads, and am still confused. I've heard people say it can go both ways, and I've still never seen an actual government law or website say that I cannot do freelance work in the United States for Canadian clients.

If you think about it, it doesn't make much sense. I am not taking away from the US economy in any way shape or form - but would actually be contributing my hard-earned dollars towards it!

If this is really the law - what about people vacationing in the US.. and opening up their laptop to respond to clients back home in Canada. Is this violating the law somehow? I don't understand how this could be illegal.

Alternatively, if this IS the law.. is it possible for me to work part-time for a US employer with the TN visa (I qualify) and continue to provide support to my Canadian clients while abroad? I can't leave my clients high and dry, and in the year 2010... with two countries under a free trade agreement... this shouldn't be an issue.

Any thoughts on where I can confirm the specifics of such laws?

[agnelson]

The principle has always been, if you are doing work for a foreign client who has no affiliation to US, and neither you nor the client is benefitting from your being physically in US, you are not in violation of US immig rules.


You do however have to otherwise mantain legal status in the US, which would include -- if a visitor -- maintaining foreign residence and leaving within six months.

[theworldawaits]

Thanks agnelson. That makes a lot of sense, but it's contrary to what others have posted in this thread (and others). Is there anywhere that I can find these "principles" posted online? A law or NAFTA agreement that stipulates this somewhere? I want to be as prepared as possible when I go to the airport next month.

I also just got off the phone with the CBP at Pearson Intl Airport in Toronto. They also said it wouldn't be a problem, as long as I wasn't doing any work for US clients. Granted, the gentleman I talked to was very cordial and understanding (which hasn't always been my experience at the border!).

Any advice on how to prepare for the border? It appears some CBP officers have given people trouble for this in the past (looking at other posts).

Thanks so much for engaging in the conversation..!

[agnelson]

I never base my responses on anything written in this forum, if that's any help to you.

And the info from a CBP officer pretty much trumps anything said here -- although it agress perfectly with what I said.

As I hinted in my post, it is legal entry in a status that usually trips people up. They say, "I'm going to US to spend the next year writing a book". It's not the writing a book that is the problem, it's spending too much time in US on what is supposed to be visitor status that's the issue.

[theworldawaits]

Thanks, I think I'm good then. I just need to communicate my intention in a way that satisfies the CBP that I'm not going to extend my stay over 180 days. This may be a bit challenging considering I am booking a one-way ticket. Hopefully I end up getting the same guy I talked to today...