Occasional work in US for Canadian employer
Aug 2nd 2014, 4:38 pm
#16
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Re: Occasional work in US for Canadian employer
The prohibition is on "employment". What is authorized is "business". If what you will do classifies as "employment" then you need something else than a visa waiver.
8 CFR 274a.1 has the definitions of "employer", "employee" and "employment". As you will see, there is no requirement that the employer be a US company.
8 CFR 274a.1 has the definitions of "employer", "employee" and "employment". As you will see, there is no requirement that the employer be a US company.
Aug 2nd 2014, 6:03 pm
#17
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Re: Occasional work in US for Canadian employer
Here is the definition of employment:
"The term employment means any service or labor performed by an employee for an employer within the United States,"
And that of employer:
"the term employer means a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States "
As you can see there is no requirement that the employer be a US employer. All that matters is where the labor takes place.
But note that this is not the same as business http://www.state.gov/documents/organization/87206.pdf
Aug 2nd 2014, 6:12 pm
#18
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Re: Occasional work in US for Canadian employer
Hi,
I've just accepted a new job based in Ontario. I'm British obviously and a Canadian PR (not a citizen). My contract is signed and has been returned but today the company asked me to confirm that I can work in the US. My new job involves working throughout North America and my company would be hired to monitor the client's business activities and record scientific data for between one and three weeks (I was told it's usually 1 week). At no time would I be directly working for the US client nor would I receive payment from them; I would always be employed by my Canadian company.
So my question is this, am I able to conduct this work as a 'business visitor' using the ESTA visa waiver programme as a UK citizen? Or would the job go beyond a 'business visitor' to the point where I'd need a work visa?
Thanks for any advice you can give! I think my new job depends on me being able to work in the US and since I was planning on making the move on Monday, I'm in a bit of a panic...
Cat
I've just accepted a new job based in Ontario. I'm British obviously and a Canadian PR (not a citizen). My contract is signed and has been returned but today the company asked me to confirm that I can work in the US. My new job involves working throughout North America and my company would be hired to monitor the client's business activities and record scientific data for between one and three weeks (I was told it's usually 1 week). At no time would I be directly working for the US client nor would I receive payment from them; I would always be employed by my Canadian company.
So my question is this, am I able to conduct this work as a 'business visitor' using the ESTA visa waiver programme as a UK citizen? Or would the job go beyond a 'business visitor' to the point where I'd need a work visa?
Thanks for any advice you can give! I think my new job depends on me being able to work in the US and since I was planning on making the move on Monday, I'm in a bit of a panic...
Cat
You may have the ability to be granted permission to conduct some business activities in the USA, if the POE agent allows it.
Rene
Aug 2nd 2014, 9:35 pm
#20
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Re: Occasional work in US for Canadian employer
Matter of Hira is the mother case.
OP is wading into what can be a very gray area. Also, it will do her no good if the law is on her side but the particular members of the minions of the dark forces guarding the border or ports of entry should disagree that day.
OP is wading into what can be a very gray area. Also, it will do her no good if the law is on her side but the particular members of the minions of the dark forces guarding the border or ports of entry should disagree that day.
Aug 2nd 2014, 9:47 pm
#21
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Re: Occasional work in US for Canadian employer
Matter of Hira is the mother case.
OP is wading into what can be a very gray area. Also, it will do her no good if the law is on her side but the particular members of the minions of the dark forces guarding the border or ports of entry should disagree that day.
Last edited by catpea33; Aug 2nd 2014 at 9:48 pm. Reason: Mentioned wrong thread
Aug 2nd 2014, 10:36 pm
#22
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Re: Occasional work in US for Canadian employer
Ian
Aug 2nd 2014, 10:45 pm
#23
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Re: Occasional work in US for Canadian employer
Are you going to tell them you are unwilling to even travel to the United States on business?
Perhaps find out exactly what the expectations are before you start giving ultimatums like that. It's surprising you've got to this stage of the process and still appear to have no idea about how much time you will be expected to spend outside Canada.
Aug 2nd 2014, 10:58 pm
#24
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Re: Occasional work in US for Canadian employer
The Canadian company won't sponsor you for a work visa to the USA. Most likely they will tell you to travel on the VWP or a B-1 visa. It's up to you to know whether the things you'll be doing in the USA fall under acceptable business activities or not.
If the Canadian company is asking you to verbally state, or sign a paper, saying you can work in the USA, say no and don't sign anything. You can tell them you are allowed to do certain business activities in the USA, but nothing is guaranteed because the POE officer might not allow it on the VWP, and it's risky to try to get a B-1 visa (because if that gets denied, it hurts your chances of using the VWP in the future).
I would ask those other UK citizens who travel to the USA for that company, what exactly they do in the USA, how often they have to go, and how long they typically stay. That is, if you can get in touch with them.
Rene
If the Canadian company is asking you to verbally state, or sign a paper, saying you can work in the USA, say no and don't sign anything. You can tell them you are allowed to do certain business activities in the USA, but nothing is guaranteed because the POE officer might not allow it on the VWP, and it's risky to try to get a B-1 visa (because if that gets denied, it hurts your chances of using the VWP in the future).
I would ask those other UK citizens who travel to the USA for that company, what exactly they do in the USA, how often they have to go, and how long they typically stay. That is, if you can get in touch with them.
Rene
Aug 2nd 2014, 11:24 pm
#25
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Re: Occasional work in US for Canadian employer
Are you going to tell them you are unwilling to even travel to the United States on business?
It's surprising you've got to this stage of the process and still appear to have no idea about how much time you will be expected to spend outside Canada.
Aug 2nd 2014, 11:26 pm
#26
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Re: Occasional work in US for Canadian employer
Unfortunately there aren't any other UK citizens in the company. The only other employee who would have to travel that I know of is Tunisian. I've never met any of my colleagues yet but I'll be phoning the company on Monday to find out more info and figure out where to go from there.
Aug 2nd 2014, 11:29 pm
#27
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Re: Occasional work in US for Canadian employer
Unfortunately, they can't sort it themselves. There's no mechanism that I know of, for a Canadian company to petition the US for a visa that'll allow their employee to work in the US. Either you get a visa yourself (or use the VWP), or you get hired directly by a US company - which is highly unlikely in this situation. Responsibility for the visa is always on the traveler... not the company.
Aug 3rd 2014, 12:15 am
#28
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Re: Occasional work in US for Canadian employer
Never forget, that the attorney works for the company... not for you! I can't tell you the number of times that people have put their faith in the company attorneys only to find out that they got royally screwed over by those they believed were helping them.
Ian
Aug 3rd 2014, 12:57 am
#29
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Re: Occasional work in US for Canadian employer
Ah, I see. Well, the advice doesn't change. Even if they seek advice from an immigration attorney who says you can do these activities on the VWP, the fact remains that only the CBP officer gets to make that determination - and that it'll be you, and not the attorney or the company, who gets into trouble if the CBP officer disagrees with the attorney.
Never forget, that the attorney works for the company... not for you! I can't tell you the number of times that people have put their faith in the company attorneys only to find out that they got royally screwed over by those they believed were helping them.
Never forget, that the attorney works for the company... not for you! I can't tell you the number of times that people have put their faith in the company attorneys only to find out that they got royally screwed over by those they believed were helping them.
Aug 4th 2014, 1:45 pm
#30
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Re: Occasional work in US for Canadian employer
Also, if the work for US clients has to be carried out in the US, as would be the case for petroleum well-site geology, for example, that would require US employment authorization.