Web Designer in USA - need a visa to telecommute?

Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1488
Location: North Carolina

Posted: Tue Jun 24, 2008 3:50 pm

 

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nope, not so much.

Whenever you're traveling to the US, whether by ground or by air, its always a good idea to have a return ticket. If you're flying and you intend to stay up to 6 months, you can always just change a 2 or 3 month ticket (that's what I did when I stayed for 5 1/2 months a few years ago.) I don't think bus tickets are dated though, so at the very least, make sure its a return trip ticket, and not one way. I had a problem with a one way ticket at the border once, it was a real hassle.

Also, make sure you have some cash in your pockets. Not so much that you'd be destitute if you got mugged, but enough that you won't appear to be a vagrant. Even with credit cards and debit cards, customs and/or immigration will always say "what if they don't work or they're not accepted in the US?" at least they always did with me.

Best policy is to just answer the questions when and what you're asked. Don't elaborate and don't answer a question you *think* they're going to ask you. If they ask why you have a laptop with you on yoru vacation, its for keeping in touch with family via email and/or Skype (if you have it) and to upload digital photos from your digital camera while you're on holiday. Technology is grand
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Jun 25, 2008 10:49 am

 

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If you work in IT in a similar way to how you do or work as a writer, then yes, pretty much. At least imx. The difference is that the US is more anal about it.

Having looked into it myself in the past and gotten legal advice, the main point to bear in mind is that if you are working by writing and/or on a computer, the only evidence they've got is your computer. You can't be forced to be a witness against yourself (fifth amendment) so unless your computer is seized and they do a forensic analysis of it they have nothing to prove it one way or another (the magic word is "encryption").

And first of all they have to become aware of it.

So yes, technically it's illegal, but Charles Dickens didn't get deported for writing: "Voyages in America" and he told every newspaper wherever he went in the US what he was up to!

I sometimes wonder what America would be like today if the Indians had tried to stop the pilgrims from landing because they had violated FDA regulations on the importation of fruit and vegetables.
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Steve.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Jun 25, 2008 10:55 am

 

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Oh yeah, I suppose I should point out the legal tax route, if you really, really like paperwork. You have to register as a non-resident self-employed person in the US, get an EIN, then you can pay yourself, you may have to do income tax withholding using form 1040-ES(NR) and declare your pay on Form 1042S. And then file a 1040NR return with Form 8840 to claim the tax treaty exemption if in fact you pay any tax. And use the Canada foreign tax credit to reduce the tax you pay in Canada.

The UK end is much simpler, you need to register as self-employed but if you use the tax treaty filing you are exempt from paying income tax in the UK, essentially. It's like two or three forms to fill in. Think of it as a love letter to HMRC.
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Steve.

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