Consultant Question
Feb 13th 2003, 1:22 am
#1
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
Consultant Question
I am British with Canadian Citizenship.
Can I be hired by a US firm as a "Consultant"? I live in Canada and would do most of the work in Canada, say from home. I travel to the employer sometimes for meetings. I may stay in a hotel for a period of time, anything from a week to a month.
Are there any restrictions on this? (There probably are, there are restrictions on everything right?) How many times could I cross the border back and forth a year? If it is only 90 days or something, can I apply for a visa which is fairly easy to get which is just like a Business/Tourist visa which means I can go back and forth as long as I dont work in the US?
Thanks for any help as always.
Can I be hired by a US firm as a "Consultant"? I live in Canada and would do most of the work in Canada, say from home. I travel to the employer sometimes for meetings. I may stay in a hotel for a period of time, anything from a week to a month.
Are there any restrictions on this? (There probably are, there are restrictions on everything right?) How many times could I cross the border back and forth a year? If it is only 90 days or something, can I apply for a visa which is fairly easy to get which is just like a Business/Tourist visa which means I can go back and forth as long as I dont work in the US?
Thanks for any help as always.
Feb 13th 2003, 7:18 am
#2
Guest
Posts: n/a
Re: Consultant Question
On Thu, 13 Feb 2003 02:22:17 +0000, ukbritguyusa wrote:
> I am British with Canadian Citizenship.
>
> Can I be hired by a US firm as a "Consultant"? I live in Canada and
> would do most of the work in Canada, say from home. I travel to the
> employer sometimes for meetings. I may stay in a hotel for a period of
> time, anything from a week to a month.
The appropriate category for this is business visitor. You may have
problems convincing the INS officer at the border that you are really
based in Canada and only visiting the US.
> Are there any restrictions on this? (There probably are, there are
> restrictions on everything right?)
The main restriction is that you cannot work in the US. You can travel on
sales calls, or to install software that you developed in Canada. Meetings
are also OK.
> How many times could I cross the border back and forth a year?
There is no limit, but you need to be careful to be able to demonstrate
that you aren't planning to immigrate. A couple of rule of thumbs are that
there should be substantial time between visits, and that you shouldn't
spend more than about 90 to 180 days total in the US in any 12 month
period.
> If it is only 90 days or something, can I apply for a visa which is
> fairly easy to get which is just like a Business/Tourist visa which
> means I can go back and forth as long as I dont work in the US?
As a Canadian citizen, you do not need a visa (and can't get one) but will
get the same benefits as other citizens would only with a visa.
> I am British with Canadian Citizenship.
>
> Can I be hired by a US firm as a "Consultant"? I live in Canada and
> would do most of the work in Canada, say from home. I travel to the
> employer sometimes for meetings. I may stay in a hotel for a period of
> time, anything from a week to a month.
The appropriate category for this is business visitor. You may have
problems convincing the INS officer at the border that you are really
based in Canada and only visiting the US.
> Are there any restrictions on this? (There probably are, there are
> restrictions on everything right?)
The main restriction is that you cannot work in the US. You can travel on
sales calls, or to install software that you developed in Canada. Meetings
are also OK.
> How many times could I cross the border back and forth a year?
There is no limit, but you need to be careful to be able to demonstrate
that you aren't planning to immigrate. A couple of rule of thumbs are that
there should be substantial time between visits, and that you shouldn't
spend more than about 90 to 180 days total in the US in any 12 month
period.
> If it is only 90 days or something, can I apply for a visa which is
> fairly easy to get which is just like a Business/Tourist visa which
> means I can go back and forth as long as I dont work in the US?
As a Canadian citizen, you do not need a visa (and can't get one) but will
get the same benefits as other citizens would only with a visa.
Feb 13th 2003, 1:48 pm
#3
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
Thank for your reply Ingo,
Someone said something about a B class Visa in this circumstance?? What is this?
Someone said something about a B class Visa in this circumstance?? What is this?
Feb 13th 2003, 2:39 pm
#4
Forum Regular
Thread Starter
Joined: Jan 2003
Posts: 70
Just been looking on the VisaPro website for visa definitions. Going along my theme of Consulting to a company in the US, here are a few things I found under the B-1 Visa (Business Visitor):
*Persons to observe business, professional, or vocational activity as long as it does not involve any hands-on activity
*Professionals to conduct business consultations with business associates in the U.S.
This is the main one:
*U.S. companies to bring foreign business consultants for training or expert advice
One thing I don't understand is that for the above definition of bringing foreign business consultants for training or expert advice, no one is going to do this for free so you would expect that the company is going to pay the consultant a fee or a retainer. Is that not the same as having gainful employment?? Remember in all of this that I don't have a degree so all H-1B's and TN Visas go out of the window.
If there are no restrictions on coming and going, could I spend 3 months in the US training/consulting, spend a month back in Canada, 3 months back in the US, month back in Canada or something similar to this? In theory could I do this? I would maintain an apartment in Canada, have a Canadian bank account, etc.
One last question, if after a while the company wanted to try and hire me full time, how easy is it to set up a "Branch" of the company in Canada, pay me for my services, wait for a year and then apply for some sort of L-1 Visa to transfer me within the company from Canada to the US? Has that been done before? Could you do this?
Thanks again.
*Persons to observe business, professional, or vocational activity as long as it does not involve any hands-on activity
*Professionals to conduct business consultations with business associates in the U.S.
This is the main one:
*U.S. companies to bring foreign business consultants for training or expert advice
One thing I don't understand is that for the above definition of bringing foreign business consultants for training or expert advice, no one is going to do this for free so you would expect that the company is going to pay the consultant a fee or a retainer. Is that not the same as having gainful employment?? Remember in all of this that I don't have a degree so all H-1B's and TN Visas go out of the window.
If there are no restrictions on coming and going, could I spend 3 months in the US training/consulting, spend a month back in Canada, 3 months back in the US, month back in Canada or something similar to this? In theory could I do this? I would maintain an apartment in Canada, have a Canadian bank account, etc.
One last question, if after a while the company wanted to try and hire me full time, how easy is it to set up a "Branch" of the company in Canada, pay me for my services, wait for a year and then apply for some sort of L-1 Visa to transfer me within the company from Canada to the US? Has that been done before? Could you do this?
Thanks again.
Feb 13th 2003, 4:45 pm
#5
Guest
Posts: n/a
Re: Consultant Question
ukbritguyusa wrote:
>
> Just been looking on the VisaPro website for visa definitions. Going
> along my theme of Consulting to a company in the US, here are a few
> things I found under the B-1 Visa (Business Visitor):
>
> *Persons to observe business, professional, or vocational activity as
> long as it does not involve any hands-on activity
>
> *Professionals to conduct business consultations with business
> associates in the U.S.
>
> This is the main one:
>
> *U.S. companies to bring foreign business consultants for training or
> expert advice
>
> One thing I don't understand is that for the above definition of
> bringing foreign business consultants for training or expert advice, no
> one is going to do this for free so you would expect that the company is
> going to pay the consultant a fee or a retainer. Is that not the same as
> having gainful employment?? Remember in all of this that I don't have a
> degree so all H-1B's and TN Visas go out of the window.
The important thing for a B1 visa is that you must be paid by a non-US
entity. The problem is that if you are self employed, but solely
performing business for one company in the US, then this will be seen as
direct employment, even if you set up a corp. in Canada and are paid by
your own corp. You might get away with this for one or two short visits
(days), but longer visits will get you into trouble.
> If there are no restrictions on coming and going, could I spend 3 months
> in the US training/consulting, spend a month back in Canada, 3 months
> back in the US, month back in Canada or something similar to this? In
> theory could I do this? I would maintain an apartment in Canada, have a
> Canadian bank account, etc.
This will NOT work. The idea here is that you are again, employed
outside of the US and paid outside the US to provide training.
Consulting is considered employment and needs a definite work status.
> One last question, if after a while the company wanted to try and hire
> me full time, how easy is it to set up a "Branch" of the company in
> Canada, pay me for my services, wait for a year and then apply for some
> sort of L-1 Visa to transfer me within the company from Canada to the
> US? Has that been done before? Could you do this?
It *could* be done, but it would cost them a lot to set up a Canadian
branch ... probably more than you are worth to them, I hate to say ...
and the Canadian branch would have to continue in business after you go
to the US!
Without a degree you probably don't count for a TN, but if you have 12
years or more of relevent experience, you may count for an H1B.
Stuart
>
> Just been looking on the VisaPro website for visa definitions. Going
> along my theme of Consulting to a company in the US, here are a few
> things I found under the B-1 Visa (Business Visitor):
>
> *Persons to observe business, professional, or vocational activity as
> long as it does not involve any hands-on activity
>
> *Professionals to conduct business consultations with business
> associates in the U.S.
>
> This is the main one:
>
> *U.S. companies to bring foreign business consultants for training or
> expert advice
>
> One thing I don't understand is that for the above definition of
> bringing foreign business consultants for training or expert advice, no
> one is going to do this for free so you would expect that the company is
> going to pay the consultant a fee or a retainer. Is that not the same as
> having gainful employment?? Remember in all of this that I don't have a
> degree so all H-1B's and TN Visas go out of the window.
The important thing for a B1 visa is that you must be paid by a non-US
entity. The problem is that if you are self employed, but solely
performing business for one company in the US, then this will be seen as
direct employment, even if you set up a corp. in Canada and are paid by
your own corp. You might get away with this for one or two short visits
(days), but longer visits will get you into trouble.
> If there are no restrictions on coming and going, could I spend 3 months
> in the US training/consulting, spend a month back in Canada, 3 months
> back in the US, month back in Canada or something similar to this? In
> theory could I do this? I would maintain an apartment in Canada, have a
> Canadian bank account, etc.
This will NOT work. The idea here is that you are again, employed
outside of the US and paid outside the US to provide training.
Consulting is considered employment and needs a definite work status.
> One last question, if after a while the company wanted to try and hire
> me full time, how easy is it to set up a "Branch" of the company in
> Canada, pay me for my services, wait for a year and then apply for some
> sort of L-1 Visa to transfer me within the company from Canada to the
> US? Has that been done before? Could you do this?
It *could* be done, but it would cost them a lot to set up a Canadian
branch ... probably more than you are worth to them, I hate to say ...
and the Canadian branch would have to continue in business after you go
to the US!
Without a degree you probably don't count for a TN, but if you have 12
years or more of relevent experience, you may count for an H1B.
Stuart
