Working remotely from Canada on a TN visa

GaryA

New Member
I am a Canadian citizen residing in Canada and have been offered a job in a US company who will help with TN visa. I am wondering if I can work remotely from Canada, or do I need to be physically working from the US? Also, can one travel back n forth daily across the border for work?
 

nelsona

Registered Users (C)
TN does not apply to work in Canada. You would need the TN only when working in US. If you and your employer are CHOOSING to have you work remotely in Canada, then you should not be on US payroll, but on either a Cdn payroll set up by the employer or an agency, or be self-employed contractor.
BUt if you are getting a TN, to work physically in US, then you are indeed allowed to cross the border. You would of course be subject to quarantine rules on both sides if the border, including regular covid testing nd isolation when returning to Canada. So it may only be practical to choose to be on one side of the border and stay there.
 

GaryA

New Member
Thanks, Nelsona! My employer is fine with me working remotely but said I would be needed on-site once in a while (probably once in 3 months) during audits. Hence the TN visa application so I can enter and work on-site during those days. Are there any risks from a visa/border perspective if one is staying in Canada and performing most of the work remotely and only entering once in a few months on their TN visa? Is this deemed okay, especially in this pandemic situation when travel across the border is discouraged? How would this impact taxes as residency would be in Canada, but the person is on a US payroll? I appreciate any information anyone can provide. Thanks
 

nelsona

Registered Users (C)
Tax questions are for forums.serbinski.com
As I said, an employee working and living in Canada should be on a Cdn payroll, with Cdn taxes EI/CPP being withheld.
 

GaryA

New Member
Thanks, Nelsona. So are you saying that an employee who is set up on a CDN payroll by a US company can still apply for a TN Visa? Does a TN visa allow that arrangement or require the enployee to receive a salary in US dollars only? The reason I mention this is because what if one has to travel occasionally for meetings. Won't he need the authorization to enter the US?
 

nelsona

Registered Users (C)
If you are on a Cdn payroll, you might not even need a TN (B1 entry would usually work), but yes, a CDn employee is sometime required to get a TN and it is granted,
 
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