I am an independent contractor in Canada, and work for a US company from Canada. I'd like to do the work in the US, and the company is willing to apply for a permit for the position as it would be easier for me to train US employees by my being in the local office. What would be the correct classification for the position on a visa application, and what forms would be required? ....is an immigration attorney neccessary?
You didn't mention what type of work you do or your professional background. Your "status" in Canada is likewise an issue. Anyway, please follow this link and you can see for yourself if you're eligible for the TN Visa category under NAFTA. You will use Form I-129 for this, with a Business Necessity Letter, and documented proof of your qualification. You can do this with the help of a lawyer or even without, depending on the familiarity of your employer with the process. The list of professions is toward the end pages. Good luck!
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on 3 Cor 3:6)
I'm not sure what you mean by my "status" in Canada? I'm Canadian born, have residency in a Canadian Province and only occasionally visit the US for business or pleasure. I have been providing online customer service for an internet company for many years. The company is based in the US...I work remotely from Canada. My professional background for this line of work includes my 10+ years with this company (member or contractor), plus 1 other volunteer customer service 'job' for a different US based internet service (2+ years with them). My knowledge and experience with this current company qualifies me to do the job. I have no formal education for customer service. I am also a non-designated accountant in Canada both in public and private practice. Jobs there have included working for the 7th largest accounting firm in Canada to Assistant Controller for a telecommunications company. I've read the link you provided (thank you, btw) and it seems appropriate, however I'm wondering if the US will deem me "qualified". Also, do I just show up at a designated border crossing and cross my fingers they let me through, or does this need to be addressed before I try to come to the States? Thanks in advance for all your help!
Originally posted by Selena: I'm not sure what you mean by my "status" in Canada? I'm Canadian born, have residency in a Canadian Province and only occasionally visit the US for business or pleasure. I have been providing online customer service for an internet company for many years. The company is based in the US...I work remotely from Canada. My professional background for this line of work includes my 10+ years with this company (member or contractor), plus 1 other volunteer customer service 'job' for a different US based internet service (2+ years with them). My knowledge and experience with this current company qualifies me to do the job. I have no formal education for customer service. I am also a non-designated accountant in Canada both in public and private practice. Jobs there have included working for the 7th largest accounting firm in Canada to Assistant Controller for a telecommunications company. I've read the link you provided (thank you, btw) and it seems appropriate, however I'm wondering if the US will deem me "qualified". Also, do I just show up at a designated border crossing and cross my fingers they let me through, or does this need to be addressed before I try to come to the States? Thanks in advance for all your help!
I will agree with Rough Neighbor which professional background you have. You may be eligible for a TN visa. If the company has an office in the US, then the L visa you may want to consider.
"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre
Selena: please don't take issue in my comment about your "status" in Canada, because that spells a lot of difference in US immigration. In this globalization age, just because you work as an independent contractor in Canada (the only info you gave) isn't conclusive enough to mean that you're a native born citizen.
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on 3 Cor 3:6)
Originally posted by Selena: ... Also, do I just show up at a designated border crossing and cross my fingers they let me through, or does this need to be addressed before I try to come to the States? Thanks in advance for all your help!
Answer to this question can be found on the same link that I gave you, under the topic: "TN processing and Admissions Procedure."
"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on 3 Cor 3:6)
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