Schwaj

Hi,

I'm a Canadian citizen living in the USA. My wife and I have been
working for several years on TN-1 visas. I have an opportunity to work

for a small Dutch company that would like me to work remotely before
eventually moving there (partly to evaluate my work, and partly because

they are very small and don't yet have enough office space).

Is there any way that I can make this work? Could I create a Canadian
company that would receive payment for my work? What if money sat in
the Canadian company's bank account, and was never transfered into any
personal accounts in the USA? Does anyone have any better ideas?

Thanks,
Schwaj

Bill

On 29 Jun 2006 21:23:54 -0700, "schwaj" <[email protected]> wrote:

    >Hi,
    >I'm a Canadian citizen living in the USA. My wife and I have been
    >working for several years on TN-1 visas. I have an opportunity to work
    >for a small Dutch company that would like me to work remotely before
    >eventually moving there (partly to evaluate my work, and partly because
    >they are very small and don't yet have enough office space).
    >Is there any way that I can make this work? Could I create a Canadian
    >company that would receive payment for my work? What if money sat in
    >the Canadian company's bank account, and was never transfered into any
    >personal accounts in the USA? Does anyone have any better ideas?

You are definitely going to need good legal advice on this question.
If you are physically present in the USA then you need a valid
immigration status to be employed. There has been much debate on TN
forums about whether or not telecommuting for a foreign company is
considered "employment". You should check with a lawyer who has TN/TD
experience.

BTW, I think the question of how you would be paid is a red herring.
If the USCIS decides you are working illegally, it isn't going to
matter if you are being paid in US dollars or in Euros deposited
directly into a Swiss bank.

Folinskyinla

Hi:

I'm an experienced immigration lawyer and your question has me scratching my head -- there may not be a definite answer. Assuming that you continue to work for the TN employer, the question then becomes whether or not your remote "moonlighting" for a foreign company is "employment" for IMMIGRATION purposes. I'm not so sure that it would be considered as such -- but then again, I'm also not sure the other way.

You may want to have a paid consulation with a good immigration attorney who will do some reaseach on this -- and you may not have a definite answer.

Schwaj

Thanks to both Bill and Folinskyinla for their good advice.

Folinskyinla wrote:
    > Hi:
    > Assuming that
    > you continue to work for the TN employer, the question then becomes
    > whether or not your remote "moonlighting" for a foreign company is
    > "employment" for IMMIGRATION purposes.

Would it be the same question if I changed my TN status for TD? It
seems to me that it would be. I know, I know... I need to seek
experienced legal advice :-)

Bill wrote:
    > On 29 Jun 2006 21:23:54 -0700, "schwaj" <[email protected]> wrote:
    > BTW, I think the question of how you would be paid is a red herring.
    > If the USCIS decides you are working illegally, it isn't going to
    > matter if you are being paid in US dollars or in Euros deposited
    > directly into a Swiss bank.

This makes sense.

Thanks again,
Schwaj

Folinskyinla

Hi:

The three immigration attorneys kicked your initial question around during lunch on Friday -- again, an interesting question.

Bill

On 1 Jul 2006 06:29:19 -0700, "schwaj" <[email protected]> wrote:

    >Thanks to both Bill and Folinskyinla for their good advice.
    >Folinskyinla wrote:
    >> Hi:
    >> Assuming that
    >> you continue to work for the TN employer, the question then becomes
    >> whether or not your remote "moonlighting" for a foreign company is
    >> "employment" for IMMIGRATION purposes.
    >Would it be the same question if I changed my TN status for TD? It
    >seems to me that it would be. I know, I know... I need to seek
    >experienced legal advice :-)

You might want to contact Jim Eiss in Buffalo, NY. He has many years
of experience with TNs. His web site is www.usvisahelp.com.

I have no connection to Mr. Eiss, and haven't used his services, but
have heard good things about him.

Folinskyinla

That reminds me -- I have to send him the photos he posed for in San Antonio. I still have some colleagues who are not talking to me after we attended a drunken bachnallia to which I took my digital cam back in 2003.