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working in USA as a contractor temporary with PR

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Immigration Topics
Forum Name: Business / Investor Immigration
Forum Description: Three programs offering permanent residence for persons with successful managerial experience and varying thresholds of personal net worth.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=7410
Printed Date: 28 Mar 2024 at 5:32pm


Topic: working in USA as a contractor temporary with PR
Posted By: fonurlu
Subject: working in USA as a contractor temporary with PR
Date Posted: 22 Jul 2011 at 12:19pm
Hi All;
I am PR in Canada and I am working as a contractor (consultant) in Canada.I set up my business in Canada.I Have B1 visa for USA.There are some projects in USA.I would like to ask " Am I able to work in USA temporarily for a project with PR and 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 a bit different.I just want to work in a USA project for example for 6 moths and I will be back and forth to Toronto every week.

Is there anybody who has same situation?

Thanks in advance for your accurate answers.



Replies:
Posted By: canvis2006
Date Posted: 22 Jul 2011 at 11:14pm
Canadian citizenship does not allow you to work in the USA.
They are 2 different countries. Yeah it is easier to obtain work permit for Canadians (due to NAFTA), but citizenship itself is not a right to go work in another country.

Perhaps you should consult US Immigration forums and ask there.



Posted By: dpenabill
Date Posted: 23 Jul 2011 at 3:39am
I suspect what underlies this query is more about maintaining Canadian PR status, that the "work permanently in the U.S." once one becomes a citizen is about becoming able to work outside Canada without losing Canadian status. It's a common theme. Or scheme one might say.

But, right, the way the question is asked it is literally about U.S. rules not Canadian. Wrong forum. This is the forum for those immigrating to and seeking employment in Canada, as in this site is about the Canadian side, Canadian rules.





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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration


Posted By: fonurlu
Date Posted: 23 Jul 2011 at 7:34am
Hi Guys;
Let's focus on my real question dont look what underlies..It is so clear.
I am landed immigrant in canada and have PR and also working as a freelance consultant.I just want to work in a USA project for example for 6 moths and I will be back and forth to Toronto every week.

Is there anybody who has same situation?



Posted By: dpenabill
Date Posted: 23 Jul 2011 at 4:03pm


What is the real question? The real question, is it not?, is whether working outside Canada will jeopardize your Canadian PR status.

But if you insist on asking only for answers which directly respond to the particular question you ask, with no inferences or attempt to understand the underlying question, then:


If the real question is indeed merely "is there anybody who has the same situation?" the answer is no . . . no two people are really in the "same" situation, especially since, as you acknowledge,
quote:
Quote But my case is a little a bit different.


But one can infer or guess or, as I oft times phrase it, "suspect" that what you were asking for in this question is whether there is anybody in a similar situation.

And the answer to that is easy. Yes, of course there are. Many, many Canadian PRs work in the U.S., some temporarily, some long-term, some who have authorization to work in the U.S. but then do not. Many participate in this forum.

But that is not your real question either. You knew the answer to that question already, that there are indeed many Canadian PRs who either work or who wish to work in the U.S. Indeed, many who post in a number of the topics here are indeed Canadian PRs who have either worked in the U.S. or who have authorization to work in the U.S. The reason their U.S. connections are discussed, however, is ordinarily in the context of either preserving PR status or relative to qualifying for Canadian citizenship, because days spent outside Canada (whether or not to work or play or whatever) in a foreign country do not count toward meeting the Canadian PR residency obligation, and even if it is work abroad for a Canadian employer, the days do not count toward meeting the presence-in-Canada requirement for citizenship.


Other possibilities for what is your real question:

If the real question is whether or not Canadian status gives a person authorization to work in the U.S., the answer is NO. As canvis2006 said, even a Canadian citizen is not authorized, by virtue of being a Canadian citizen, to work in the U.S.

In other words: if the real question is about what authorization is needed to work in the U.S. you are in the wrong forum. You need to visit a forum that discusses immigration and working in the U.S. Again, this forum is about Canadian immigration, including visiting, studying, and working as well as living IN CANADA, not in the U.S.
Again: your Canadian status has no direct bearing on whether or not the U.S. will allow you to work in the U.S. except to the extent that international treaties, such as NAFTA, affect a person's eligibility to obtain U.S. authorization to work in the U.S. Which, again, is not within the scope of subjects discussed in this forum.

If your real question is whether or not a Canadian PR can work on projects in a foreign country (and the U.S. is a foreign country), that is work abroad (and again, the U.S. is "abroad" relative to Canada), the question makes no sense: who can work in any particular country depends on the rules and regulations and laws of THAT country, and does not depend on Canadian rules, regulations, or laws.

If your real question is about whether a Canadian PR is subject to restrictions about leaving Canada to work abroad (be it in Dubai or South Africa or the U.S. or wherever) and later returning to Canada (which is what I suspect is the real question), the answer is no, having Canadian PR status imposes no limitations on a person's capacity to visit, work, study, or live elsewhere in the world (does not give a person authorization to do so either, again one has to look at the laws of the country in which one wants to work, study, visit, or live to ascertain who is authorized to work, study, visit, or live there).



But, relative to what I infer (or guess, or suspect) is the real question:

Of course a Canadian PR is subject to the PR residency obligation (that is discussed at this site; see conference/topic about perserving PR status for discussions about that) and for purposes of qualifying for Canadian citizenship, a more strict residency requirement applies (which is also discussed at this site; see conference/topic about citizenship for discussions about the citizenship residency requirement).

By the way: what underlies a question is important to many who participate here. This is a site devoted to sharing information and assistance among legitimate applicants for authorization to visit, work, study, or live in Canada, and related topics such as perserving PR status, qualifying for citizenship, finding employment in Canada, settling in Canada. It is not a site intended to assist those whose intent is to skirt the rules, to get around the regulations, or to engage in fraud on any level. Feel free to ask your questions but you can expect people to make reasonable inferences.




-------------
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration


Posted By: canyoudigit
Date Posted: 07 Aug 2011 at 7:00pm
You legally can.

However if you plan to apply for citizenship, you must live 3 out of the last 4 years in Canada (physical presence). So if your plan is just to work 6 months, that will mean you will have to wait an extra 6 months for the citizenship.

If you don't care about citizenship (but something tells me you do :) ), then you can keep your PR just by living in Canada for 2 out of 5 years.

I have some friends in your situation, what they do is that they try to telecommute, work for a US company as a consultant from Canada, creating a Canadian company whose main objective is to serve US clients.


Posted By: SJn
Date Posted: 15 Mar 2017 at 5:39pm
Hi, I know this post is really old. But I am in the same situation now and looking for answers. If you have an answer to the question you posted, can you share?





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