Working on contract in US?


I'm a CDN in the process of looking for US visa sponsored work ops, but in the meantime had a question about merely performing contract work for a US company on site. I've been self-employed for years...


Working on contract in US?

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SDavina
New Member



Joined: 04 Dec 2006
Posts: 2

Posted: Mon Dec 04, 2006 5:22 am
 

I'm a CDN in the process of looking for US visa sponsored work ops, but in the meantime had a question about merely performing contract work for a US company on site. I've been self-employed for years and have certainly had US companies as clients. Is it possible to stay in the US for a limited period of time as a business visitor/Canadian citizen and work onsite for a US client?

So for example, if someone wants to give me a 3-month special project contract but requires me to perform the work in their office, is that prohibited in any way?

Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1305
Location: North Carolina


Posted: Mon Dec 04, 2006 7:00 am
 

Yep, you have to have a visa with work permit in order to work in the US for any length of time. The company would have to sponsor you for a TN or L1B visa.

I had to have an L1B just to work in the US occasionally for a week or so. I used to work for a US company but in the Toronto office, and I'd travel to the US for consulting jobs and teaching. I had to have an L1B for that. Before I got it, I was barred from entering the US for any business reason until the company I worked for got me the proper visa.

I'm not terribly familiar with TN visas, you may want to consult with an immigration lawyer who should know US immigration policy.

Quote: TN Canadian or Mexican Citizen under NAFTA
The TN classification applies to a Canadian or Mexican citizen seeking admission as a professional temporarily under the North American Free Trade Agreement.

Petition Document Requirements
For a Canadian citizen:
This classification does not require a petition for employment if the alien is a Canadian citizen and is outside of the U.S. Canadian citizens need not obtain TN-1 consular visas, and may apply directly at Class A U.S. ports of entry. They must provide:

A statement from the employer with a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
Evidence of Canadian citizenship.
For a Mexican citizen:
This classification does not require a petition for employment if the alien is a Mexican citizen and is outside the U.S. However, Mexican citizens are still required to obtain TN visas at the U.S. consulate abroad. They must provide:
A statement from the employer with a a full description of the nature of the duties the beneficiary will be performing, the anticipated length of stay, and the arrangements for pay or reward;
Evidence that the beneficiary meets the education and/or alternative credentials for the activity;
Evidence that all licensure requirements, where applicable to the activity, have been satisfied;
Evidence of Mexican citizenship;


from USCIS website
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SDavina
New Member



Joined: 04 Dec 2006
Posts: 2

Posted: Mon Dec 04, 2006 7:16 am
 

Thanks. I'm very familiar now with the employment visas and requirements, having been researching it for weeks now. So far no mention of being self-employed in Canada and doing work on site temporarily for a US client though.

Just to be clear: Is it the case that you were self-employed and doing contract work for a US client? Or were you doing employment work for a US employer?

I realise the requirements in each case might be the same, but there is a distinction to be made here.

Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1305
Location: North Carolina


Posted: Thu Dec 07, 2006 3:04 pm
 

I was working for a US employer from a Canadian office, and occasionally had to travel to the US for teaching or consulting gigs both at company sites and client sites.

Whether you're self employed or not, you have to have a work visa to legally work in the US.
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Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

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