Web-based job and carrying it over to the USA

[mstewart 6]

Hey everyone!

So I work a web-based job, answering calls, emails and the like, so everything is web-based. I know I can obviously work this job remotely from the US when I get EAD, but if I carry it over and funds still get deposited into a Canadian bank account from a Canadian company...do I still have to wait for EAD?

Just wondering on the logistics of that.

[Udella&Wiz 325]

Is your employer Canadian? That's really the question. The EAD is what allows you to work for a US employer legally. There are a million arguments on VJ about the technical phrasing of what the EAD means. Obviously a Canadian could move to Florida for 6 months and they could work for their Canadian employer remotely - nothing illegal about that either. US Immigration's authority doesn't cover whether you can and cannot work for a Canadian employer no matter where you live.

I'm sure there will be those who agree and disagree

Edited September 19, 2013 by Udella&Wiz

[mstewart 6]

Is your employer Canadian? That's really the question. The EAD is what allows you to work for a US employer legally. There are a million arguments on VJ about the technical phrasing of what the EAD means. Obviously a Canadian could move to Florida for 6 months and they could work for their Canadian employer remotely - nothing illegal about that either. US Immigration's authority doesn't cover whether you can and cannot work for a Canadian employer no matter where you live.

I'm sure there will be those who agree and disagree

Sounds like a gray area haha.

Yes, my employer is Canadian and only exists in Canada.

[Ms Hogan 295]

Is your employer Canadian? That's really the question. The EAD is what allows you to work for a US employer legally. There are a million arguments on VJ about the technical phrasing of what the EAD means. Obviously a Canadian could move to Florida for 6 months and they could work for their Canadian employer remotely - nothing illegal about that either. US Immigration's authority doesn't cover whether you can and cannot work for a Canadian employer no matter where you live.

I'm sure there will be those who agree and disagree

As you said, there are lots of arguments about this but it was always my understanding that even if you're working for a Canadian employer, while visiting the U.S., it isn't actually allowed. I know we've discussed it on here before and I honestly can't remember but I also have a hard time finding any useful links to share.

I'm sure someone with more helpful advice will join the discussion again. If I can find the links I had found previously I'll come back with them.

[warlord 73]

Yes you cannot work and get paid for any company while living in the US without authorization or anyone could just come here to work for a company whose base is outside the US. I think some of it has to do with taxation laws and such, but the rest is strictly INS rules as well. They have it documented somewhere on the INS website...

[Flames9_RN 358]

Something I would not worry about since it is a CDN company.....its not as if your taking a job away from An American...USA doesnt own the internet....but thats just my opinion

[mstewart 6]

Something I would not worry about since it is a CDN company.....its not as if your taking a job away from An American...USA doesnt own the internet....but thats just my opinion

That's what I've been seeing, but also the contrary.

Seems like there is a gray area in this topic that no one is too sure about. I've seen threads where lots of Canadian's just carry their web based job from Canada over, so I'm just covering the bases to see if I should wait until EAD.

[Rob & Monika 87]

Sounds like a gray area haha.

Yes, my employer is Canadian and only exists in Canada.

Even lawyers cannot agree on the legality of this, and the gov't refuses to clarify it. However, there aren't any known cases of anyone being prosecuted or deported for this, which leans towards it being allowed...or at least overlooked.

[mstewart 6]

Even lawyers cannot agree on the legality of this, and the gov't refuses to clarify it. However, there aren't any known cases of anyone being prosecuted or deported for this, which leans towards it being allowed...or at least overlooked.

It's kind of an odd thing. If you're not taking a job from an American, getting paid in America, etc...it shouldn't really matter, but then again, I don't know all the tax rules haha

[Allanah and Chris 8]

It's kind of an odd thing. If you're not taking a job from an American, getting paid in America, etc...it shouldn't really matter, but then again, I don't know all the tax rules haha

You will still owe Federal and State income taxes (unless the State does not collect them). You're considered a Taxable Resident when you come here on your immigrant visa as an LPR.

You cannot earn income without that authorization to work. You're not on a work visa or a business related travel visa.

Would anyone notice? I don't know, and sorta doubt it. Is it worth dealing with the IRS if you get caught?

You will have an interesting tax time as you'll:

1. Owe US Federal income taxes

2. Owe US State income taxes (depending on the state)

3. Possibly owe Canadian taxes as well, especially if the income is being deposited to a Canadian bank (you'd still be getting a T-4, right?)

You likely need to find a knowledgeable tax attorney so you do not get into hot, hot water.

[mstewart 6]

You will still owe Federal and State income taxes (unless the State does not collect them). You're considered a Taxable Resident when you come here on your immigrant visa as an LPR.

You cannot earn income without that authorization to work. You're not on a work visa or a business related travel visa.

Would anyone notice? I don't know, and sorta doubt it. Is it worth dealing with the IRS if you get caught?

You will have an interesting tax time as you'll:

1. Owe US Federal income taxes

2. Owe US State income taxes (depending on the state)

3. Possibly owe Canadian taxes as well, especially if the income is being deposited to a Canadian bank (you'd still be getting a T-4, right?)

You likely need to find a knowledgeable tax attorney so you do not get into hot, hot water.

That's kind of what I was thinking too. Obviously you'd sitll owe Canadian taxes, and I assumed that, seeing as the work was being done in the country, US taxes too.

[Allanah and Chris 8]

That's kind of what I was thinking too. Obviously you'd sitll owe Canadian taxes, and I assumed that, seeing as the work was being done in the country, US taxes too.

The United States taxes people based on "Tax Residency" as opposed to where you actually are (although if where you are is the US, you can become a taxable resident if you are not already one...see "countable days"). Most illegal aliens actually qualify as US Tax Residents, and even if you leave the US, as an LPR you can still owe taxes.

This is a bigger can of worms than your K1, so read up (Publication 54 is a good place to start)

[mstewart 6]

The United States taxes people based on "Tax Residency" as opposed to where you actually are (although if where you are is the US, you can become a taxable resident if you are not already one...see "countable days"). Most illegal aliens actually qualify as US Tax Residents, and even if you leave the US, as an LPR you can still owe taxes.

This is a bigger can of worms than your K1, so read up (Publication 54 is a good place to start)

All makes sense. Thanks for the great info