Candian working remotely in US

[tdpnk 0]

Hi,

My girlfriend (Canadian) and I (American), are planning on moving back stateside in a month or so and have a pretty specific question that has only been partially answering by cruising around other forums. When we move into the states, she is planning on continuing to work remotely with her current Canadian company. They don't have any US branches. Would any steps need to be taken prior to crossing the border for this situation / is this legal without a visa.

Further, while in the states, she will probably keep an eye out for other roles with American companies. Is there any possibility she would then be disbarred from getting a TN or other visa at that point due to the situation in which she is living and working in the US at that time.

Finally, is there any advice on where we could receive official advice on this prior to the matter?

Thanks in advance,

[Tygrys 143]

You may have more chances for response if posted in Canadian forum.

[bsd058 296]

Hi,

My girlfriend (Canadian) and I (American), are planning on moving back stateside in a month or so and have a pretty specific question that has only been partially answering by cruising around other forums. When we move into the states, she is planning on continuing to work remotely with her current Canadian company. They don't have any US branches. Would any steps need to be taken prior to crossing the border for this situation / is this legal without a visa.

Further, while in the states, she will probably keep an eye out for other roles with American companies. Is there any possibility she would then be disbarred from getting a TN or other visa at that point due to the situation in which she is living and working in the US at that time.

Finally, is there any advice on where we could receive official advice on this prior to the matter?

Thanks in advance,

These questions have complicated answers.

Is she intending to stay in the US permanently? If so, she will need a visa when she crosses. You won't get that within a month.

As far as I know she cannot do remote work from the US (even for a Canadian company) if she doesn't have work authorization in the US, unless her stay is only temporary. (eg. I once in a while have to contact Canadian clients while on vacation in the US)

She will not be allowed to work for anyone in the US without work authorization.

This is all as far as I know. She can get a fiance visa, but that's only if you are going to get married within 90 days of moving into the US.

A TN visa is only for special categories of workers so it depends on what she does and if she meets the requirements for that specific occupation.

Visit https://help.cbp.gov/app/answers/detail/a_id/978/~/canadian---how-to-obtain-a-tn-nonimmigrant-classification-as-a-canadian-citizen for more info on TN visas.

This move requires more along the lines of a half a year of planning the visa status.

Heck I'm married to a US citizen and I can't live in the US until my paperwork is completely done. And Vermont is taking it's precious time approving I-130 immigrant applications.

Edited November 29, 2012 by bsd058

[Harsh_77 718]

Main question would be how is your GF planning to enter US.

I could be wrong but someone can correct me as Canada has little variations in some rule, even when the Canadaian enter on the VWP looking for work should not be the reason.

Visa free entry is only reserved for visiting friends and family and tourism purpose.

[tdpnk 0]

Thanks for the quick response. As for intention of staying permanently, that isn't necessarily set currently. It's possible that may be desired down the line, but we are content to consider the trip temporary.

As for looking for work, she qualifies for the TN visa as she is an accountant. Therefore if she found work while in the states, she would apply for it through the TN process.

Is our best bet to go forward and just ensure that these are only classified as temporary stays?

[bsd058 296]

Main question would be how is your GF planning to enter US.

I could be wrong but someone can correct me as Canada has little variations in some rule, even when the Canadaian enter on the VWP looking for work should not be the reason.

Visa free entry is only reserved for visiting friends and family and tourism purpose.

Canada is not a part of the VWP. We only present our passports and they are stamped or not depending on how the officer feels. She cannot enter to immigrate. She can enter to visit for up to 6 months.

[tdpnk 0]

So she could enter saying she was planning on staying with me for a few months while working remotely, then return to her job. If in that time another offer came up, she would then have to apply for the TN or other visa at that time?

[bsd058 296]

Thanks for the quick response. As for intention of staying permanently, that isn't necessarily set currently. It's possible that may be desired down the line, but we are content to consider the trip temporary.

As for looking for work, she qualifies for the TN visa as she is an accountant. Therefore if she found work while in the states, she would apply for it through the TN process.

Is our best bet to go forward and just ensure that these are only classified as temporary stays?

I would say so. She couldn't enter on a TN unless she is working for a US based company. Even if she is an accountant, since a requirement for a TN is proof of job offer from American Employer. I would have an alibi as she will be bringing a lot of her stuff. If they see she's bringing more than she needs to visit, then they might turn her around at the border. They just need to be convinced that she'll not be immigrating on this visit.

They may require proof of ties if she has a lot of her stuff with her. These proof of ties are an employment verification letter, proof of rental agreement, proof of vehicle registered in a province in Canada, and other things that would prove that she will come back. That's the only thing I foresee happening. You getting to the border and them realizing that she's bringing more stuff than what is necessary for a visit.

They searched my wife's UHaul which contained everything we owned in it, but I explained that I had submitted the I-130 app to immigrate and I'm planning on coming back to work. I had proof of ties, but they never asked for them. I told them everything in the UHaul was hers and I only had enough clothes for the trip.

So, sometimes these trips are not what you are used to. Usually they just ask you where you're heading, the purpose of the trip, and they let you go. In the instance where you are moving, they are usually a little bit more detailed. And you won't be able to sponsor her until you are engaged or married, so, TN might be the best way to get her to work in the US. If she can get a job offer before you leave, you can go to the border with that, a copy of her bachelor's degree, and proof of previous employment in the field, and you might be able to get by with that.

[Harsh_77 718]

Canada is not a part of the VWP. We only present our passports and they are stamped or not depending on how the officer feels. She cannot enter to immigrate. She can enter to visit for up to 6 months.

I know that Canada is not part of the VWP but the arrangement that Canada has does not have name and the process does not need a visa - hence I said VWP.

[bsd058 296]

So she could enter saying she was planning on staying with me for a few months while working remotely, then return to her job. If in that time another offer came up, she would then have to apply for the TN or other visa at that time?

I think so. She might have to show proof of ties to Canada though.

I know that Canada is not part of the VWP but the arrangement that Canada has does not have name and the process does not need a visa - hence I said VWP.

Visa Waiver Program = VWP.

You've used a technical term to improperly describe visitor status.

Visitor Status is what a Canadian has in the US when they are visiting.

Edited November 29, 2012 by bsd058

[tdpnk 0]

Thanks, this is very helpful. I understand it's a bit of crapshoot at the border. What makes it even more interesting is that I own a number of items at her place in Canada, meaning that we may need to cross the border with a uhaul twice within a day or so. With all this in mind though, we may consider avoiding taking the uhaul up to her place as I have all the furniture anyhow.

I do have a couple more questions though...

- Have you heard of anyone else working remotely in the US, or do you know where we could look to in order to ask these questions?

- If she is on a TN visa in the US, then switched to either a fiance or marriage visa, would she then have to leave the US for 6 months as far as you know?

[bsd058 296]

Thanks, this is very helpful. I understand it's a bit of crapshoot at the border. What makes it even more interesting is that I own a number of items at her place in Canada, meaning that we may need to cross the border with a uhaul twice within a day or so. With all this in mind though, we may consider avoiding taking the uhaul up to her place as I have all the furniture anyhow.

I do have a couple more questions though...

- Have you heard of anyone else working remotely in the US, or do you know where we could look to in order to ask these questions?

- If she is on a TN visa in the US, then switched to either a fiance or marriage visa, would she then have to leave the US for 6 months as far as you know?

I will see if I can find something for you to look at for working remotely in the US.

She can stay in the US if she decides to adjust her status from TN to immigrant due to you two getting married. She shouldn't have to leave during that process. In fact, it's usually advised that she doesn't leave while immigrating since if she has an overstay (which she probably won't if she's on a TN) then she could be banned from the US when she tried to re-enter.

But I think you would be fine if she was already on a TN (which allows her to stay up to something like 3 years) and was adjusting status. She wouldn't need to leave for the process.

[Teddy B 17,252]

So she could enter saying she was planning on staying with me for a few months while working remotely, then return to her job. If in that time another offer came up, she would then have to apply for the TN or other visa at that time?

She can enter the states with you as a B1/B2 tourist, with her Canadian passport, no visas or other paperwork needed. She will need to show strong ties to Canada for an extended visit in the US. She can work remotely as long as she does not receive payment in the US, in other words any paychecks will need to be deposited in her Canadian bank account, she can withdraw the money after that. She can also change her status from B1/B2 to TN if she finds a job while here. The only catch is that she must find a job and apply for her change of status with USCIS before her six months is up. It is very important that she does not overstay the 180 days and fall out of status, that will hurt her chances of coming back to the states anytime soon. Also keep in mind, the longer she stays in the US on a visitor visa, the longer she will have to stay out of the US before re-entry on a visitor visa. General rule of thumb is, if she stays in the states for 6 months, she will have to stay in Canada for at least 6 months before being allowed back in the US.

Edited November 29, 2012 by Teddy B

[Teddy B 17,252]

Thanks, this is very helpful. I understand it's a bit of crapshoot at the border. What makes it even more interesting is that I own a number of items at her place in Canada, meaning that we may need to cross the border with a uhaul twice within a day or so. With all this in mind though, we may consider avoiding taking the uhaul up to her place as I have all the furniture anyhow.

I do have a couple more questions though...

- Have you heard of anyone else working remotely in the US, or do you know where we could look to in order to ask these questions?

- If she is on a TN visa in the US, then switched to either a fiance or marriage visa, would she then have to leave the US for 6 months as far as you know?

See the part in bold above? Don't do it, your girl will be sent right back where she came from. If you try to cross with a U-haul full of stuff they will think she's coming here to stay, that's not good. You can get your stuff some other time, make a trip by yourself if need be.

She can work remotely as I stated earlier, my wife did it when she first came to stay with me.

[tdpnk 0]

That sounds like a reasonable plan to me. If it takes longer than 6 months to find suitable work with an accounting degree, I doubt she'll be very interested in the states anymore regardless....

I really appreciate all your help. Best of luck with your own cross-border pursuits!