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Canadian High Tech Contractor in US

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  • Canadian High Tech Contractor in US

    Hi there,

    I recently received an opportunity to work as a contractor for a large software firm. Work would include business planning/ marketing / product management consulting / management consulting.

    I'm a Canadian citizen, currently on a TN visa, and I'm wondering what the proper / easiest path to work authorization would be? Typically an employee is "sponsored", but contractor status may be problematic. Does incorporation (either in Canada or US) help?

    Thanks all.
    Bryan

  • #2
    Hi there,

    I recently received an opportunity to work as a contractor for a large software firm. Work would include business planning/ marketing / product management consulting / management consulting.

    I'm a Canadian citizen, currently on a TN visa, and I'm wondering what the proper / easiest path to work authorization would be? Typically an employee is "sponsored", but contractor status may be problematic. Does incorporation (either in Canada or US) help?

    Thanks all.
    Bryan

    Comment


    • #3
      I see no problem,unless you were born outside Canada

      Comment


      • #4
        I dont understand jfrancus response to you???/



        Btyan.. are you saying the firm wants to hire you as an independent contractor instead of hiring you as an employee?


        The firm does not want to pay any payroll taxes or benefits for you as this cost them money.
        Thus, they want to hire you as independent contractor, you will be responsible for paying all state and local and federal income taxes on your own. You will be your own company

        Any chance they will hire you as an employee? as the above scenario would make it self employment for you and see this below:


        Self-Employment in the U.S. Not Permitted

        TN: Members of Appendix 1603.D.1 professions who are self-employed outside the U.S. may pursue business relationships from outside the U.S. (e.g. contracts for services) with U.S.-based companies and obtain TN status to engage in these prearranged activities in the U.S. However, under TN classification an alien is not permitted to come to the United States to engage in self-employment in the United States, nor to render services to a corporation or other entity in which he/she is a controlling owner or shareholder.


        TN Processing and Admissions Procedure

        Canadians may apply for TN-1 classification directly at a U.S. Class "A" port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-flight/pre-clearance station in Canada1. Documentation must include:
        "¢ Proof of Canadian citizenship,
        "¢ $50 filing fee,
        "¢ Proof of required Appendix 1603.D credentials; and
        <span class="ev_code_RED">"¢ Letter from U.S. employer (or a sending employer in Canada) describing nature and duration of professional employment and salary/wages in the U.S2.</span>

        Canadian citizens are visa exempt and do not need consular visas to travel or apply for admission to the U.S. TN-1 applicants at land ports-of-entry must also pay a modest I-94 fee.

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