Hi everyone, I am not a US citizen and I only hold my Canadian work permit. So my Canadian employer wants to rent an apartment for me and send me for a business purposes in US for 6 months. Would this require any type of work permit or taxation as I would still be only working normally for Canadian employer and get paid from them?
Thanks for the help!
You need to have your employer contact these fine people:
www.uscis.gov
If your employer maintains an office in the US, an L1 visa is what you'll require.
They're very easy to obtain for Canadian citizens holding a Canadian passport and proof of your employment status in Canada and the US.
Why?
Because US citizens dispatched to do in Canada what you plan to do in the US ARE required to obtain a work visa from your Canadian border authorities.
I think you require the L1 visa from the US authorities.
You probably qualify for the L1 visa. This visa is for intra company transfers. This is when a Canadian manager or executive who works at an affiliated Canadian office is transferred to one of the company's U.S. offices. The employer must be conducting business in the U.S. and have an existing relationship with the Canadian company (affiliate, subsidiary, parent company, etc.). You must work at the affiliated company for at least one continuous year and be going to the U.S. to be a manager or executive to qualify for an L1 visa.
You can also qualify for an L1 visa if you are going to the U.S. to set up an affiliate company. A Canadian company can send a manager or executive to establish a U.S. office. But the Canadian employer must demonstrate that there is a physical space for the new office, the employee has been a manager or executive for one continuous year, and the new U.S. office will support an executive or managerial position within one year of the L1 visa being issued.
Understand the benefits of the L1 visa. An L1 visa is ideal for executive employees looking to establish a U.S. office of a Canadian company without having to go through a lengthy application process. As well, the spouses and unmarried children under 21 years old of L1 visa holders can come to the U.S. for the duration of the employee's stay. Once you have an L1 visa, your spouse can also work legally in the U.S.
Keep in mind you can re apply for the L1 visa after one year for a maximum of seven years. After seven years in the U.S., you are not eligible to apply for another L1 visa.
