Canadian citizen with Canadian employer who does it projects in USA at client sites

J

jack10901090

Registered Users (C)
Hello I am Canadian citizen who will be joining a new Canadian employer in about 4 weeeks in Toronto.

They want me to lead IT implementations in MI and NY which could be about every third or fourth week in the US.

New employer has offices in both countries.

Would I need a TN permit even if it is a week in a month as my job title is that of a tech consultant.

In my current company I have seen technical folks have the TN stamp on their passport. Even though they live and work out of Toronto offices. They may go there every couple of months.
 
Given that you will be there for a week every month + you wont be paid by any sources in the US, IMO you dont really require a TN. Now of course, if changes were to happen such that the US subsidiary of the company started paying you, then you'd need some form of authorization (a la TN)
 
So it is ok for me to declare at the border that I am visiting a client as a technical consultant and INS should be good with it.
 
This will be just like any other 'business' visit that anyone would take to the US. You'll obviously tell the truth and inform them that you are going to the US office of your company OR visiting a client and that you will not receive any compensation from anyone in the US and that your Canadian subsidiary of the company is paying for the trip. Good luck
 
Typically, the US client should prepare a letter which states that at all times you will be paid by the CDn employer.
 
Nelsona
Thanks for your repky. I am looking into applying for a L1 and employer is fine with it. Also I read on INS site that a approved I 129 form is enough and that I do not even need a L1 sticker on my CDN passport.
 
An approved I-129 by USCIS is good, but when one enters US on that approved petition, it will be processed by CBP to determine admissibility, stamp passport, and issue an I-94.
And L1 is really for a US related firm to employ you, not for a CDn firm to send you down to US clients (although that is sometimes the purpose for L1: to establish a US business).
 
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