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Can Canada PR & contractor work in US on B1

Printed From: Canada Immigration and Visa Discussion Forum
Category: Miscellaneous
Forum Name: Comments or Suggestions
Forum Description: Give us your comments or suggestions on the site or the forum.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=26554
Printed Date: 17 Apr 2024 at 9:30pm


Topic: Can Canada PR & contractor work in US on B1
Posted By: SJn
Subject: Can Canada PR & contractor work in US on B1
Date Posted: 21 Mar 2017 at 6:22pm
Hi All,

I am a PR in Canada and I am working as a contractor (consultant) in Canada (I am incorporated in Canada). I have B1/B2 visa for USA.There is a potential new project for which I need to work upto 50% of the time in USA and rest in Canada. I would like to ask "Am I able to work in USA temporarily for a project with Canada PR and US B1 visa?"
I know that you cannot work permanently in USA until you have a Canadian citizenship or TN visa but my case is a little different.I just want to work partly in USA for a project for about 12 months and I will be back and forth to Toronto every other week.

If anyone has been in this situation before, please let me know how to make this work.

Thanks.


Replies:
Posted By: colin
Date Posted: 24 Mar 2017 at 1:36pm
There are two issues here. The first concerns preserving your Canadian permanent residence. The law requires you to maintain physical presence in Canada for 2 years in any 5 year period. The burden of proof will be on you to maintain records of your departures and entries to Canada. We advise our clients to carefully document these dates. Additionally, if you are away from Canada for 50% of the time, you will unlikely meet new citizenship rules that will be passed shortly. So while you will maintain your permanent residence, you will not be able to apply for citizenship if you are working in the USA for 50% of the time. If you are working in the USA for considerably less than 50% of the time, then citizenship could be attainable in Canada once you qualify to apply.

The second issue concerns working in the USA. The B1/B2 is merely a visitor status and this together with Canadian permanent residence does not allow you to work in the USA for any amount of time, unless you have a work visa. If you wish to receive a personal consultation on your options, you are invited to book a consultation appointment with our office. We charge a fee of US $99.95 for up to 30-minutes of consultation. You may access our appointment booking form from the link below.

http://www.immigration.ca/immigration-telephone-consultation/" rel="nofollow - http://www.immigration.ca/immigration-telephone-consultation/


Colin Singer, Canada Immigration Lawyer & Managing Partner, immigration.ca

Posted By: SJn
Date Posted: 24 Mar 2017 at 3:36pm
Thanks Colin.

Do you mind answering one more question: To secure a work visa, does it make any difference if I am employee of the company vs being an independent contractor?

Thanks.


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