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What are the options for a Canadian independent contractor to work in the US?

I am a Canadian who has been given an offer as an independent contractor to work for a Software Development agency based in US. What is the best way for me to work as a Canadian in US?

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Rahul Ghosh

Digital Marketing Expert

I am from Toronto as well and you can receive money and work remotely for which you have to pay taxes. However in order to go and work there you need a work visa. H1B - H2B etc.

Answered almost 8 years ago

Max Leron

Bachelor of Business Administration (BBA)

As a Canadian independent contractor working in the United States, you have several options to legally work in the U.S. Here are three common pathways:

B-1 Visa: You can enter the U.S. on a B-1 Business Visitor visa. This visa allows you to engage in certain business activities, such as attending meetings, conferences, or negotiating contracts. However, you cannot perform actual work or be employed by a U.S. company. This option is suitable if your work requires short-term visits and you will primarily be working remotely from Canada.

TN Visa: The TN (Trade NAFTA) visa is available under the North American Free Trade Agreement (NAFTA), which grants qualified Canadian professionals temporary work authorization in the U.S. To be eligible for a TN visa, you must work in one of the listed professions, including computer systems analysts, engineers, and scientists. You will need a job offer from a U.S. employer and meet specific educational and experience requirements.

E-2 Visa: If you plan to establish your own business in the U.S., you may consider the E-2 Treaty Investor visa. This visa allows Canadians to invest a substantial amount of capital in a U.S. business and operate it. The business must be actively engaged in commercial activities, and you should have a controlling stake in the enterprise. The E-2 visa is more suitable for individuals seeking to establish a long-term presence in the U.S.

It's crucial to consult with an immigration attorney who specializes in U.S. immigration laws to determine the best option for your specific situation. They can guide you through the application process, ensure compliance with all requirements, and address any concerns or questions you may have.

Additionally, it's essential to consider tax implications, such as the potential need to file taxes in both Canada and the U.S. Consult with a tax professional who can advise you on the tax obligations and any tax treaties that may exist between the two countries.

Note that immigration laws and regulations can change, so it's important to stay updated on the latest information and seek professional guidance to ensure compliance with the current requirements.

Answered over 1 year ago

Daniel Pavel

Consulting on business and mindset.

Working as an independent contractor for a US-based software development agency as a Canadian involves several considerations. Here are some steps and considerations you may want to take:

Understand Legal Requirements:

Check the legal requirements for working as an independent contractor in the US. Typically, you would need a work visa, such as an H-1B or an O-1 visa. However, as an independent contractor, you may also explore other visa options or consult with an immigration lawyer to determine the best fit for your situation.
Tax Implications:

Understand the tax implications of working as an independent contractor in the US. You may be subject to both US and Canadian taxes. Consider consulting with a tax professional who is knowledgeable about cross-border taxation to ensure compliance with both countries' tax laws.
Business Structure:

Decide on the business structure for your independent contracting work. You may choose to operate as a sole proprietorship, partnership, or corporation. Each structure has different legal and tax implications.
Contracts and Agreements:

Clearly outline the terms of your contract with the software development agency. Include details such as the scope of work, payment terms, project milestones, and any other relevant terms. Consider seeking legal advice to ensure the contract protects your interests.
Insurance:

Consider obtaining professional liability insurance and other relevant insurances to protect yourself in case of unforeseen circumstances.
Banking and Finances:

Set up a separate bank account for your business transactions. This will help you keep your personal and business finances separate, making it easier for tax purposes.
Remote Work Considerations:

Since you're working remotely, ensure you have the necessary tools and infrastructure in place. Consider issues like internet connectivity, communication tools, and a dedicated workspace.
Currency Exchange and Payment Methods:

Discuss with the software development agency how payments will be made, taking into consideration currency exchange rates and any potential fees associated with international transactions.
Visits to the US:

If your work requires you to visit the US, make sure you understand the visa requirements for short-term visits. If you have a work visa, ensure that it allows for such visits and the duration of stay.
Stay Informed:

Stay informed about any changes in immigration laws, tax regulations, or other relevant policies that may impact your work status.
It's crucial to consult with legal and financial professionals to ensure compliance with both US and Canadian laws and to address any specific details related to your situation. Each case is unique, and professional advice tailored to your circumstances is invaluable.

Answered 7 months ago

Melvin Ronalca

social media marketing and dating advice

As a Canadian independent contractor looking to work in the US, you have a few options. One common route is to obtain a work visa such as the TN (Trade NAFTA) visa, which is available for Canadian citizens in certain professions. Another option is the E-1 or E-2 visa for treaty traders and investors. Additionally, the H-1B visa is a possibility if you have a job offer from a US employer in a specialty occupation. Each visa type has specific requirements, so it's essential to research and determine the best option based on your situation.i have been in that situation and it's hard call me if you need further explanation

Answered about 1 month ago