TD Visa holder working outside of USA

I am a TN visa holder working in the USA. My husband has a TD visa so he's obviously currently not working. We are both Canadian citizens. My husband has been offered a position in Canada. The position is such that most of the work can be done from our current home in the US with occasional trips to Canada. So he'd basically still be living in the USA and making 1-2 week-long trips to Canada every 6 weeks or so. The job is a short-term contract position lasting for 6 months. My question is, would being employed in Canada violate his TD visa? Everything I see says a TD visa holder may not obtain employment in the USA so it seems to me that this would be OK but I want to be sure it is. Any thoughts?

The principle to follw -- for all work in US that is not specifically covered by one's status, is as follws:

The company you are working for must have no presence in US.
Neither you nor the company can be benefiting from your physical presence in US.
Only if these 2 clauses are satisfied can one even think of doing thios work in the US without a work authorization.


Your header is a bit misleading: you WILL be working IN the US. The fact that the employer is in canada does not change this.

Thanks for your reply. The company does not have a presence in the US so my husband should be OK in that regard. The other stipulation, "neither you nor the company can be benefitting from your phyical presence in the US", is a bit foggy to me. What exactly does this mean? Do you have an example? The job is data analysis, which can be done anywhere. The fact that he'd be doing it in the US and not in Canada offers no benefit to either my husband or the company. If anything, it makes things slightly more difficult - harder to keep in touch with co-workers, company has to pay for flights/lodging when my husband travels to Canada etc... The only benefit to my husband is that it would allow him to remain with his family. Thanks!

The principle to follw -- for all work in US that is not specifically covered by one's status, is as follws:

The company you are working for must have no presence in US.
Neither you nor the company can be benefiting from your physical presence in US.
Only if these 2 clauses are satisfied can one even think of doing thios work in the US without a work authorization.


Your header is a bit misleading: you WILL be working IN the US. The fact that the employer is in canada does not change this.

You answered your own question.

Benefitting from being in US, for example, would be having access to a particular facility, market, resource in US, that would not be available in Canada. The employer/ client would have had to send you to US to get/access/research this.