TN holder - Working for Canadian company at same time?

R

rksmith420

New Member
I hold a TN visa and live in the US. Can I work as a self-employee for a Canadian company ( ie working remote for canadian corp )?
 
As long as neither you nor the Cdn firm are 'benefitting' from your location in US. Otherwise, this would be just like a Cdn going down to US on business, which would likely require a B1. You can't be on B1 and TN at the same time.
 
I would be a self-employed person being paid by a canadian corp, the work is computer based(so all work is technically done in Canada, has nothing to do with US), which can be done remotely. Is there anything I need to declare to US homeland regarding this? I would have to report the income on my US tax return, so I want to make sure I am not breaking any rules.
 
TheRealCanadian said:
While it can be done remotely, it is not. This is unlikely to pass muster.
Click to expand...

I disagree. The doctrine I described (no benefit from US presence) is well-founded. The fact that he is in US is not itself enough to disallow the work.

The best way I've seen it described is as follows. Picture the worker being employed by a Cdn firm in Canada. Would any of the work being done by the worker require that he go to the US to perform it? If not, then he is not violating his US status doing this work in US. [I do agree with TRC that simply saying you are working remotely doesn't absolve you, you could after all be working remotely from a research facility in US which would have unique and invaluable information unavailable in canada, for example]

Now, this clearly applies to H4s, TDs or B2s as they are not otherwise employed. I don't think it is a stretch to say that it also applies to TNs by extension , since non-violation of one status would apply across the board to all non-immig statuses (although I would not dismiss arguments to the contrary).

He should consult a US immig atty.
 
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