What type of Visa do I need

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alstonianNew Member
Topic author
Posts: 8
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Joined: 26 Dec 2009

What type of Visa do I need

Post Tue Aug 17, 2010 1:51 am

So, here is my situation. I'm a blogger, online publisher an affiliate that earns income online. As a Canadian I can live in the u.s for up to 6 mo in a calendar year.

My question is how do you or u.s immigration define the term "work in the u.s"? This might be a stupid question but in my case the sites generate income 24/7 and I dont really have to work on anything tho. except log in and check some status. Transfering money from paypal to u.s checking account.

Is this considered WORKING in the u.s? Another question is if I do plan to build some sites and generate more income while i'm living in the u.s during this 6 month. Is this considered as working in the u.s. Who can really tell if i'm working or not in the u.s?

If so, what kind of visa do i need in my case?
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CalGreenCardCanuckAbroad VIP
Posts: 254
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Joined: 16 Feb 2008

Re: What type of Visa do I need

Post Thu Aug 19, 2010 12:18 pm

Actually as a Canadian without a work visa you cannot live in the USA even for a day legally. What you can do is live in Canada and visit the USA for up to six months in a calendar year.

If income is being generated entirely passively while you visit the USA for a non-working vacation, that should not be a problem. If your sole business activity is to transfer money from a business account to a US personal account, that might be a gray area--perhaps not technically legal but unlikely to cause problems if that is truly the only business activity you do while physically in the USA.

However doing your usual income-generating work in the USA, as opposed to Canada, is a definite no-no even if that work doesn't really benefit from your presence in the USA (that is, even if it could have been done online from Canada just as easily). It is not that they necessarily catch you the very first time you do some minor work in the USA. It is more that people who, like yourself, are trying to de facto live in the USA eventually end up facing tough questioning at the border, because their ties with Canada gradually weaken and eventually this becomes pretty obvious to the border officials.

It is, however, definitely possible (and extremely common) to enter the USA in B1 status as a business visitor. I don't know all the details of B1 status; however my understanding is that it is more for attending specific US meetings to discuss work the details of which is going to be done in Canada. I don't think the purpose of B1 status is to enable you to move your Canadian home office to the USA for a period of time. If you enter in B1 status I believe you are supposed to have a clear plan of who you are going to meet with in the US and a plan to return to Canada at the end of those meetings. Entering as a B1 with no plan other than to stay until the six months is up probably wouldn't fly.
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agnelsonCanuckAbroad VIP
Posts: 3264
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Joined: 26 Aug 2009

Re: What type of Visa do I need

Post Thu Aug 19, 2010 12:52 pm

slight correction to cal's post: in B-2 tourist status, you can visit for up to six months per visit, not strictly per calendar year.

And in B-1 business vistor status, one can stay for a for a full year.

Tax consequences, and medicare ineligibility kick-in, but from a US immig point of view, there is no "six month per year" limit on B status, as long as one has strong enough Cdn residential ties.

Of course as cal says, the more time you spend in US, the less likely they will believe that your Cdn ties remain strong.

As to what you can perform on B-1 I think it can best be summed up as drumming up future business, and fianlizing and maintianing past business, but not conducting new business

Grasmick has a pretty good page on B-1
http://www.grasmick.com/business.htm#(b)
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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JaysnyperNew Member
Posts: 2
Joined: 1 Nov 2011

Re: What type of Visa do I need

Post Fri Nov 18, 2011 11:05 pm

Inquiring what type of Visa is required to contract in the U.S!!??? Oilfield related!! Any input on this matter would be greatly appreciated!! Thank you!!!
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