Consulting for a US company from Canada
#16
Re: Consulting for a US company from Canada
That is a different scenario in my opinion.
The OP will be a contractual employee of a US firm even though he is living outside of the US in Canada. As such his pay comes from the US. He goes to the US to "work" for the company that pays him. The US Company does not have a Canadian office that the Canadian PR is working for so his travels across the border is not indicative, tmwot, as just going for a non-paid consultation but rather going to consult with pay for a US only based company.
The OP will be a contractual employee of a US firm even though he is living outside of the US in Canada. As such his pay comes from the US. He goes to the US to "work" for the company that pays him. The US Company does not have a Canadian office that the Canadian PR is working for so his travels across the border is not indicative, tmwot, as just going for a non-paid consultation but rather going to consult with pay for a US only based company.
#17
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Joined: Jan 2011
Posts: 17
Re: Consulting for a US company from Canada
But whether I go to the US or not for occassional short meetings is irrelevant to the work situation.
There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.
Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.
Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
#18
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Joined: Jan 2011
Posts: 17
Re: Consulting for a US company from Canada
Canadian citizens do not have to obtain an ESTA, but other nationals do.
#19
Account Closed
Joined: Mar 2004
Posts: 2
Re: Consulting for a US company from Canada
But whether I go to the US or not for occassional short meetings is irrelevant to the work situation.
There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.
Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.
Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
#20
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Consulting for a US company from Canada
You should bring a letter of invitation/introduction to describe the business activities, if the activity is allowed. If it's not allowed then you should stay in Canada until you get the H1B.
Believe it or not, Canadians do not appear to be limited to six months unless they are issued an I-94 to a specific date. There is public information all over the place stating that they get six months, but I can't seem to find it anywhere in the CFR. If anyone can find it in the regulations, please post a link.
It can be said that the limit is a year because the CFR limits B1/B2 to a max of a year and Canadians get an I-94 for everything else.
Canadians admitted without an I-94 also enjoy the same 9B 3/10 yr bar loophole as an F-1 D/S. However, if encountered out of status within the US (working, living, in more than a year etc) they can be placed into removal proceedings just like anyone else.
Many Canadians will keep it under 6 months because of their Canadian national health care system.
Believe it or not, Canadians do not appear to be limited to six months unless they are issued an I-94 to a specific date. There is public information all over the place stating that they get six months, but I can't seem to find it anywhere in the CFR. If anyone can find it in the regulations, please post a link.
It can be said that the limit is a year because the CFR limits B1/B2 to a max of a year and Canadians get an I-94 for everything else.
Canadians admitted without an I-94 also enjoy the same 9B 3/10 yr bar loophole as an F-1 D/S. However, if encountered out of status within the US (working, living, in more than a year etc) they can be placed into removal proceedings just like anyone else.
Many Canadians will keep it under 6 months because of their Canadian national health care system.
#21
Re: Consulting for a US company from Canada
But whether I go to the US or not for occassional short meetings is irrelevant to the work situation.
There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.
Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
There is nothing underhand about contracting to a US company. If I am an individual Canadian based company contracting to the US company then there is nothing wrong with that.
I will still get paid by them regardless of if I travel to the US or not.
I will still receive the same amount regardless of if I travel to the US or not.
I will still be doing the same type work and the same amount of work regardless of if I travel to the US or not.
I will still be a Canadian company contracting to a US company regardless of if I travel to the US or not.
The payment arrangements (currency, back account location etc.) can still be the same regardless of if I travel to the US or not.
Travelling to the US for a few days now and them makes communication easier, that is all. It will not affect anything else regarding the work. The work would still proceed regardless. If it is too dodgy for me to cross the boarder then I could potentially remain in Canada 100% of the time and communicate via email and phone, but sometimes face to face meetings are more effective than email, phone.
What therefore is the actual issue, or perceived issue from immigration, if a few day trips are made into the US, seeing as it won't affect anything?
When you come to the United States, you need work authorization for the US. I don't see what difference you being a 'contractor' is (and you should be sure you understand what that is under US tax law).
It reads as if your story is conforming to what will make people here say 'yes'. Understand that we will not be admitting you. You should take independent legal advice and then go follow it privately.
#22
Re: Consulting for a US company from Canada
And that's a leeway? You now have to have a Canadian passport to enter the US from Canada if you are a Canadian which was something you didn't need before. Photo identification was all that was required.
So Canadians don't have to go on-line and complete a simple form. They still are restricted as to what they can buy and bring back to Canada in terms of product and amount spent before they have to pay customs' charges.
BTW I'm married to a Canadian and my in-laws still all live and work in Quebec, Ontario and Nova Scotia so it is not like I'm talking off the top of my head.
I still think that your situation is different because the US company does not have a Canadian office such as Oracle had for the people that boiler knows.
#23
Just Joined
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Joined: Jan 2011
Posts: 17
Re: Consulting for a US company from Canada
So then it boils down to this - if I pop into the US for a few hours for a 1 hour meeting every few weeks, that is considered working.
What if I go to Seattle for a personal trip, visit friends, do some shopping and happen to visit the company for an hour or two during all of that?
What if I go to Seattle for a personal trip, visit friends, do some shopping and happen to visit the company for an hour or two during all of that?
Last edited by niuniu; Jan 6th 2011 at 8:33 pm.
#24
Account Closed
Joined: Mar 2004
Posts: 2
Re: Consulting for a US company from Canada
I do know they worked for the Colorado operation, they were one of the team my wife worked for, but worked remotely as did quite a few, in this case Canada.
#25
Re: Consulting for a US company from Canada
that's my take on it. the company has an immigration attorney on retainer since they are going for an H-1B for you. Have them or you inquire of the attorney what their thoughts are on this matter.
#26
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Consulting for a US company from Canada
Canadians get a break on certain entry documents but if they need work authorization they need work authorization.
There is also some drawbacks for Canadians vs. VWP people. If they deny entry to a Canadian, the border guards can order the Canadian removed on the spot for 5 years or longer. A VWP applicant would normally be VWP refused and not have that particular bar (even though other bars can apply).