Tax required or work permit needed in this case?

[aastii]

Jurisdiction

Washington

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!

 

[army judge]

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.

 

[aastii]

Thank you army judge.
I do not hold Canadian citizenship, only the work permit.
I've tried looking on www.uscis.gov but couldn't find any reference on that.
My income would still stay only in Canada tied to my Canadian bank account as company has no intention of opening an office in the US. My role would be strictly consultative help to our US distributor.
Should it apply to me in that case?

 

[army judge]

Thank you army judge.
I do not hold Canadian citizenship, only the work permit.
I've tried looking on www.uscis.gov but couldn't find any reference on that.
My income would still stay only in Canada tied to my Canadian bank account as company has no intention of opening an office in the US. My role would be strictly consultative help to our US distributor.
Should it apply to me in that case?

If you aren't a Canadian citizen employed by a Canadian company, the process becomes more complicated, expensive, and elongated.

What nation's passport do you hold?

You MIGHT be able to visit the US for business purposes, but your nationality determines how the US border protection and national security agencies will treat you.

I suggest you discuss this matter with your boss.

Why?

Well, without a business office in the US, what you're planning do isn't easy, and might not happen.

It might be easier to have your US client visit you in Canada.

Bottom line, I suggest you advise your employer to retain the services of a Canadian solicitor specializing in business visas, or employ such an agency in Canada to assist you in operating legally.