Can a Canadian get a B2 visa or is this assumed when you cross the border?

[Brother Hesekiel 2,236]

He can work remotely for a foreign employer, being paid in foreign currency being deposited to a foreign bank account. That's no problem.

Interesting.

So I go to a German company, tell them I would work for them in the United States of America if they hire me. All I would ask them is that they pay me in Euro and transfer the money in my German account. And I can do all of this with a tourist visa?

I think not.

[HeatDeath 430]

Absolutely you could. German executives do it all the time when they fly over here for business and sales meetings, trainings, etc. They are here, and working, but being paid in German currency, to a German account, by a German employer.

As long as you leave when your period of authorized stay ends, or before, the US doesn't care. For Canadians there is no distinction at all, ditto VWP entrants. Even for people who need visas, it's just a B visa either way. No one is going to incur a ban for attending a work-related meeting on a B-2, or sitting on the beach for a week on a B-1.

If you are here as a Canadian visitor, or as a VWP entrant, or on a B tourist visa (1 or 2) you can work for your foreign employer, receiving foreign currency to a foreign account, with no problems at all, for the duration of your authorized stay.

[HeatDeath 430]

You might have a hard time getting hired by a German company for a temporary position, working remotely until your period of authorized stay ends, but I can't think of any law (German or American) preventing them from doing so.

Also, your German employer might feel a bit uneasy continuing to pay you after your period of authorized stay ends, due to the fact that you've become removable and how long you can continue to stay and do your job is now very uncertain, but again, I don't believe they're under any legal obligation to either the US or German government to stop paying you.

So as I said, if you can find a company that is willing, then yes, you can do all this on a tourist visa, perfectly legally until your tourist visa expires.

Once your tourist visa expires you are obviously out of status and removable, but your work situation is still unobjectionable, because you are not working for a US employer. You've become removable due to the overstay, but your work situation is perfectly legal, and is at least not digging you any deeper.

Edited May 13, 2011 by HeatDeath

[HeatDeath 430]

Your assumption is VERY wrong. He told them that was what he was going to do and the still admitted him?

Sounds like he was VERY lucky.

Has he been filing his US taxes?

People get admitted to the US after telling them they intend to work for a foreign employer all the time. It's called a business trip. You get admitted on a B visa, or on the VWP, or as a Canadian Visitor, just like every other temporary visitor from your country, and as long as you don't accept any money directly from an American company, and you leave at the end of your authorized stay, no one in the US government cares.

It happens thousands of times per day.

[Boiler 45,558]

Nope.

You need to be work authorised.

So did he tell them he would be working in the US whilst visiting?

My guess is no.

There is a million and one resources to look it up if you feel so inclined.

[HeatDeath 430]

Nope.

You need to be work authorised.

So did he tell them he would be working in the US whilst visiting?

My guess is no.

There is a million and one resources to look it up if you feel so inclined.

Like this one?: http://www.workpermit.com/us/employer_b1_b2.htm

Are you seriously telling me everyone who flies to the US on business class to conduct business needs an EAD to do meetings or trainings in the US?

With respect, you're on crack. Tens of thousands of people enter the US to conduct business for foreign employers every single day, probably every single hour. And they get paid. And the government is totally ok with this, because they are not working for a US employer!

[Boiler 45,558]

Not a site I would have chosen, but let us go with it.

You said he works in IT and can remotely work from anywhere in the world.

So which of the OK categories does he fall into?

You have not answered the question as to whether he was admitted as a visitor or on a business basis, nor have you answered the question about his US taxes. IRS are less amenable than USCIS.

While in the US as a business visitor, an individual may:

Conduct Negotiations

Solicit sales or investment

Discuss planned investment or purchases.

Make investments or purchases

Attend Meetings, and participate in them fully.

Interview and hire staff.

Conduct research.

The following activities require a working visa, and may not be carried out by business visitors:

Running a business.

"Gainful employment".

Payment by an organization within the US.

Participating as a professional in entertainment or sporting events.

[HeatDeath 430]

I haven't the foggiest idea which of those categories he falls into. But as long as he is properly employed by a foreign company (as opposed to freelancing), and is avoiding "gainful employment" [which sounds pretty nebulous, see below], he could very well be filling his working hours with things from the first category and be having a perfectly legitimate extended business trip to the States.

The US taxes thing is completely irrelevant until he passes the substantial presence test [http://www.canadianlawsite.ca/vacationing-us.htm#b ], which - if he is not yet at 180 days this year - he probably doesn't.

At any rate, the blanket statement "You need to be work authorized" is clearly a gross oversimplification. A Canadian could very well take a 6 month business trip to the US with no need for work authorization whatsoever. And thats without even considering my reasonably well educated intuition that says that proving that "gainful employment" has occurred - as opposed to the approved business travel activities listed - is probably even more difficult than proving that a person held "immigrant intent" at the PoE, and therefore no prosecutor is likely to touch the case with a ten foot pole.

[stephiejoyce 0]

HeatDeath - I have very much appreciated your responses and generally speaking, I fully agree with the statements you have made about the ability to work for a foreign company and having foreign money deposited into your foreign bank account.

My brother in law has NOT over-stayed his 180 days in the US. Let me make that very clear. Therefore, he does not need to worry about US taxes or the IRS. He entered as a "visitor" but also made it clear that he works for a Internet based company. He is not running a busniess in the US, nor is he looking for work by a US company, getting paid by a US organization, and certainly, he is not playing professional sports.

I started this thread because I had questions about visitor status from Canada, the whole 180 day allowed stay, and what the options for extension were. I did this because I needed help. If people have differing options that is fine, but please keep in mind this is supposed to be a place where we are helping each other...

[Boiler 45,558]

Is it not useful to know that he is breach of his visitor status?

And the Tax Implications if he stays longer?

[stephiejoyce 0]

Yes, it's important to know that if he stays over his 180 days there can be tax implications... and obviously legal involvement if a proper extension is not filed. I am well aware of that. I am not worried about it because as long as he leaves before his 180 days are up, it will be a moot point. But thank you for making light of the potential.

We obviously have different views on this "allowed to work for his original company" (not US based, nor being based US dollars) stuff. To me, there is no point in arguing this back and forth. I tend to agree with HeatDeath on this matter. I do appreciate your opposing view, and would like to think you're merely trying to "watch out for people".

[Boiler 45,558]

I have seen many many threads on this, particularly on British Expats but here as well.

I would hate for someone to merrily turn up at the POE thinking this was ok and find themselves smartly turned around.

Do people 'visit' and work here, quite a few people I used to work with in London have, a good friend of mine in Boulder was doing it, but he knew and accepted the risks.