Work in US as an independent contractor

Hello,

Pls provide me link if it has been answered previously.

I have a incorporation in US and in Canada.

Part I:

Can I work in US as an independent contractor and have my company will bill the client? And in this scenario - Who will do my TN ? - my company, client or third part broker?

part II: can you pls suggest me good US lawyers for TN visa who are not charging enormous fees and are experienced?

I am not looking for tax benefits for options.

I appreciate you response.

Asian Canuck

Technically you can be on the payroll of your US corporation and work for the company that sponsors your TN-1, but it's far simpler just to be directly employed by them because it makes the job offer letter far simpler for them to compose, plus it makes the tax situation enormously simpler.

If you are employed by your US corporation then you have to do all the payroll withholding, corporation tax payments etc. and there's no real tax advantage to it in the US because there's no equivalent to a CCPC in the US. Far simpler just to go on their payroll and let them do it.

Also bear in mind if you enter the US to work and you own or control a CCPC, you MUST keep your tax home in Canada and file as a non-resident in the US, for two reasons - shareholders with controlling interests in a CCPC must be resident in Canada for tax purposes, plus if you move your tax home to the US you'll probably expose yourself to Canadian departure tax.

If your company that you incorporated in the US has you as the only employee, it is not worth the hassles or expenses. I had talked with a CA about creating a company when I was an independent contractor but I didn't go that since it was way too much work and expense. I was much better off just have the company hire me and have them issue me the TN and offer letter.

If you're using your US company then the contract is really between your company and the US client and your company hires you as an independent contractor to do the work. In this case, your company will have to apply the TN-1 for you. That can get pretty tricky when you try to get your TN visa in which you're the signing officer and that means since you're sponsoring yourself.

If your client only wants to deal with another company or independent contractor (1099), then you might want to work through another firm to get your TN visa to save you the hassles and expenses. You can use your US company but you may not get the visa.