Living in Canada working in US

[preetiraghuveer]

Am working as a contractor(not a full-time employee) for a US company and my wage is in US dollars and am a Permanent resident of Canada currently. My company asked me to arrange for a VISA for occasional travel to the US, hence I applied for B-1. However, when I did have the interview in the US consulate in Canada the officer told me that I would need either an H-1 or L-1 as my pay is from US HR. The company on the other hand wants me to process my VISA myself.

Does anyone have more details for contractors living in Canada and working in US and the associated details on what is required to get a VISA for US? I cannot have a TN visa as am still not a citizen. Thanks.

[Steven]

They're wrong, if you're doing the work in Canada then you don't need a work visa, if you're just going to meetings to take instructions then it is B-1.

If you're physically doing the contracting work in the US then, yes, you need some sort of work visa.

Where the pay comes from isn't relevant when it comes to immigration issues, you need a work visa even for volunteer work if it would ordinarily be paid.

I assume if the pay is coming from the US they are not registered in Canada as a business, so you would either need to be registered as self-employed or start your own corporation in Canada, because someone has to do the payroll withholding, either you or them.

[Steven]

Oh yeah, and if you are a citizen of visa waiver country and you register with ESTA: https://esta.cbp.dhs.gov you don't need a B-1 visa anyway, you just enter as a visitor for business purposes.

[preetiraghuveer]

Steve, thanks for your reply. Yes, I just need to be going to the US to conduct business meetings with clients and return back to Canada. However, since the consulate officer emphasized that my payroll was from the US, and that it wasn't a valid case, I was surprised. I hadn't heard about this earlier. Is there any supporting information my company needs to provide for me to have a B-1. While in the 1st interview, I just had a letter from the company mentioning that I would be visiting the US on project to project basis for various clients. Thanks again.

[preetiraghuveer]

Nope, unfortunately my country isn't listed in the VISA waiver list. I happened to check it. Thanks.