Summary
The TN Visa requires physical presence in the U.S. For work. Remote work from Canada can complicate visa status and may not meet TN Visa requirements. Paying taxes in both countries doesnt alter this requirement. Continuing remote work could lead to visa invalidation, double taxation, and employment law issues. Alternative visas like B-1, H-1B, or L-1 may be options, but B-1 doesnt permit U.S. Salary payments. Consulting an immigration lawyer is advisable for personalized guidance.Full Conversation
Suppose I am a Canadian citizen. I got a job in New York, USA. I got a TN Visa to be able to work at the new job in New York. I lived in New York for a year. Then, I want to come back to Canada and live in Canada while continuing to work my New York job (remotely). Is there any issue with doing this, regarding my TN Visa or in general?
The TN Visa is specifically designed for Canadian and Mexican citizens to work in the United States. Here are some points to consider:
- TN Visa Validity: The TN Visa is valid as long as you are employed by the U.S. company and performing the job duties described in your visa application.
- Remote Work: Working remotely from Canada can complicate your TN Visa status because the visa is intended for those physically working in the U.S.
- Tax Implications: You may face tax obligations in both Canada and the U.S. due to your work arrangement.
It might be beneficial to consult with an immigration lawyer to explore your options.
Are you looking for advice on navigating this situation or considering alternative visa options?
On a TN Visa, am I obligated to be physically present within the US?
On a TN Visa, you are generally expected to be physically present in the U.S. to perform your job duties. Working remotely from Canada could complicate your visa status and might not meet the requirements of the TN Visa. For specific guidance, consulting with an immigration lawyer is advisable.
Are you considering alternative work arrangements or visa options?
Even if I am paying US taxes and Canadian taxes?
Paying taxes in both the U.S. and Canada does not change the physical presence requirement of the TN Visa. The TN Visa is designed for individuals to work within the U.S. If you work remotely from Canada, it might not meet the visa requirements.
Would you like more information on alternative visa options or work arrangements?
what can happen if i continue working for the new york job while living in canada?
Continuing to work for your New York job while living in Canada on a TN Visa can lead to the following issues:
- Visa Complications: Your TN Visa could be invalidated since it's meant for physical presence in the U.S.
- Tax Implications: Potential double taxation in both Canada and the U.S.
- Employment Law: Possible legal issues concerning employment contracts and jurisdiction.
Would you like information on alternative visa options or consultation with an immigration lawyer?
what alternative visa options are there?
Here are some alternative visa options for working remotely for your New York job while living in Canada:
- B-* Visa: For short-term business visits to the U.S.
- H-1B Visa: Allows for remote work, but has more stringent requirements.
- L-* Visa: For intra-company transfers if your employer has a Canadian branch.
Would you like more details on any of these options?
on a B-* visa, can i continue getting paid in USA into my american bank account?
A B-* visa is intended for business visitors for short-term activities like meetings, conferences, or negotiations. It does not allow employment or receiving a salary from a U.S. source.
Would you like to know more about the H-1B or L-* visa options for remote work?
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