Work remotely from Canada for US Company on TN Visa
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nelsona
Registered Users (C)
There is no requirement for any US status to work remotely from canada; you are a Cdn working in Canada at that point.
That said, the company must pay you as a Cdn employee, not a US one. Cdn payroll, taxes, etc. Or, they can simply make you a contractor and cut you a check.
That said, the company must pay you as a Cdn employee, not a US one. Cdn payroll, taxes, etc. Or, they can simply make you a contractor and cut you a check.
nelsona
Registered Users (C)
Rephrase: you only NEED TN (or some other status) to work on US soil. You don't NEED TN to work anywhere else in the world (even for the same company), so a TN is of no use while physically in canada. You need whatever authorization applies for the country you are working in, not the country where the company head office is located.
I have already worked on W2 for a Californian company but the work was performed in another country eg. Country A. The company paid me in US since I am on W2 and I paid US Federal and California State tax. Remaining tax was paid to the Canadian government as foreign income.
My actual work was performed in Country A on Country A's visitor visa for Californian company who had me on their payroll as W2.
My worries are with US Custom thinking that they issued TN-Visa for me to perform work inside USA but I carried out the work (for Californian company under W2) outside US?
Do I have a valid reason to be worried about US Custom about this issue?
My actual work was performed in Country A on Country A's visitor visa for Californian company who had me on their payroll as W2.
My worries are with US Custom thinking that they issued TN-Visa for me to perform work inside USA but I carried out the work (for Californian company under W2) outside US?
Do I have a valid reason to be worried about US Custom about this issue?
nelsona
Registered Users (C)
I assume you mean US immigration, as this is not a customs issue. USCIS doesn't care about what you do outside US regarding work.
Whether or not you violated "Country A" laws is not a matter for this board, but I would suspect that you did.
However, note what I said about taxes while working in Canada for a US company. The company simply cannot treat you like you are working in US, since you are not. Canada expects taxes to be paid on Cdn employment to canada first, as well as EI and CPP by both the worker and the employer.
Whether or not you violated "Country A" laws is not a matter for this board, but I would suspect that you did.
However, note what I said about taxes while working in Canada for a US company. The company simply cannot treat you like you are working in US, since you are not. Canada expects taxes to be paid on Cdn employment to canada first, as well as EI and CPP by both the worker and the employer.