TD visa & CDN employment

[wilton]

I have recently moved to the US on a TD visa. I am in the marketing field and my CDN employer wants me to continue working for them on a remote basis as a consultant(they have no offices in the US). I am assuming 'no employment' restriction does not apply to CDN employment, but need to be sure. Also, will there be any issues if I get paid in US dollars - I will of course report these on my taxes as foreign employment.

[Reba]

If you are on US soil and working, then you need to have a US work permit, even if you are working remotely for a Canadian company. At least, that's what I have been told by US CBP and immigration officers.

[Christopher G. Rizzo, Esq]

You can file for a change of status from TD to TN or go back to Canada and get a TN, assuming you qualify.

[wesnoppers]

Is it not illegal to seek employment on TD status while on US soil? Does the TN offer not have to come while you are on Canadian Soil?

[Steven]

Pretty much.

[tedeverson]

You can file for a change of status from TD to TN or go back to Canada and get a TN, assuming you qualify.

Does this mean that, if you have TN status and live and work in the US, it is legal to do freelance/consulting work for Canadian companies while residing in the US? This is my situation--I'm in the US on TN status but I'd like to do some freelance work remotely, for a Canadian company.

[Steven]

No, you can only work in the US for whatever your status was approved for. The fact the company is in Canada makes no difference, it's where the work is performed that matters.

Unfortunately the law hasn't caught up with technology.