***LOOP HOLE in US Work Permit???***

[GTA_Area]

Just throwing out this crazy idea.

Situation: US Company offers job to Canadian Citizen (Lets call him Joe) and wants him down soon. H1-B Visa? Quota is filled unitl April 2008. Only other option, TN Visa which there is a very slim chance.

Possible loop hole?: Joe incorporates and starts a business (XYZ). XYZ now sends Joe as an employee down to that US based company to do contract work. All work that is done by Joe is payed directly to XYZ.

Questions:
- XYZ sends Joe down for business so he does not need a work permit. Correct?
- Will this be allowed by the CRA and IRS? Is there some law that will cover that gap?
- If it works, would it be worth doing?

Thanks in advance.

[wheel]

Nope. It's quite simple really. You're not allowed to work in the U.S. End.Of.Story. You touch your fingers to a keyboard and immigration will be all over you like a donkey on a waffle.

Canadians can't just 'send people down to the states to do work'. They watch for this stuff at the border. Get caught crossing the border to work without being authorized and expect to hear the snap as they stretch on the white rubber gloves for some searches.

I'm incorporated in the U.S. and can't legally work down there for example. I do cross the border regularly, generally for conferences and conventions, and I've gone through this drill with immigration before. In fact, I'm very careful now to have detailed itineraries of the conference I'm attending, along with flight and hotel info to prove I'm not working whenever I cross. They can kick your butt back to Canada if they even suspect you're working.

Long story short, there is no loophole.

This isn't your problem (though I appreciate it is), it's up to the US company to figure out how to get the employee across. What I'd suggest is that until they figure it out that they let you work remotely. Your butt's in Canada, you can do work for whoever you like.

[GTA_Area]

Unless this company has some political connections :confused:

[mirek]

Canadians can't just 'send people down to the states to do work'. They watch for this stuff at the border. Get caught crossing the border to work without being authorized and expect to hear the snap as they stretch on the white rubber gloves for some searches.


yep, had this happen to me....

[CompWizrd]

Why is there a slim chance of the TN? Does the persons degree not match up with the job?

I have an L1-B myself, which allows my Canadian employer to have me work for the American subsidiary, but that won't help in this case.

See an immigration lawyer.. even in the cases of "it's impossible" they sometimes know of ways and real loopholes to get you in, at least temporarily.

[GTA_Area]

Why is there a slim chance of the TN? Does the persons degree not match up with the job?

I have an L1-B myself, which allows my Canadian employer to have me work for the American subsidiary, but that won't help in this case.

See an immigration lawyer.. even in the cases of "it's impossible" they sometimes know of ways and real loopholes to get you in, at least temporarily.

No there is no degree to match up with the job. Best bet i've heard from lawyers is Scientific Technician which miiiigght work.

[ullyeus]

I need to know more about visa's.

[ullyeus]

ps: is the quote seriously filled btw? how would you find that out?

[nightwolf]

Only other option, TN Visa which there is a very slim chance.

How is it a slim chance? I got one myself last week, no problems, though I was qualified for it. If you have all your paperwork, it's just an hour of waiting and $50 cash, and you're in the country with an I-94.

[CheapScotsman]

Just throwing out this crazy idea.

Situation: US Company offers job to Canadian Citizen (Lets call him Joe) and wants him down soon. H1-B Visa? Quota is filled unitl April 2008. Only other option, TN Visa which there is a very slim chance.

Possible loop hole?: Joe incorporates and starts a business (XYZ). XYZ now sends Joe as an employee down to that US based company to do contract work. All work that is done by Joe is payed directly to XYZ.

Questions:
- XYZ sends Joe down for business so he does not need a work permit. Correct?
- Will this be allowed by the CRA and IRS? Is there some law that will cover that gap?
- If it works, would it be worth doing?

Thanks in advance.

Here is your problem ... in the sentence highlighted, you are incorrect. Joe will need a work visa (either H1 or TN or L or ???)

[grant]

How is it a slim chance? I got one myself last week, no problems, though I was qualified for it. If you have all your paperwork, it's just an hour of waiting and $50 cash, and you're in the country with an I-94.
Because (apparently) the work to be done doesn't fall under one of the TN-1 categories.

e.g. you can't get a TN-1 to cashier at mcdonald's.

[fac3less]

ps: is the quote seriously filled btw? how would you find that out?

The quota is filled on the *first* day that it opens for application.
Microsoft & several other companies instantly fill the queue.

[gman]

Questions:
- XYZ sends Joe down for business so he does not need a work permit. Correct?

Short period, yes because it can just be classified as business trip. Long period, no.

- Will this be allowed by the CRA and IRS? Is there some law that will cover that gap?
- If it works, would it be worth doing?

Thanks in advance.

The potential problems of this (assuming somehow it does work) are:
1. you will have no benefit (unless they increase their payment to XYZ.
2. What if the company does not pay XYZ. If you are the employee, they more or less have to pay you. If it is XYZ, it is a business dispute.

[urameatball]

there aren't any shortcuts to obtaining a work permit.

but you can always attend meetings/conference/training sessions/conventions for a few weeks at a time as long as XYZ is paying you.

[wheel]

>>>Short period, yes because it can just be classified as business trip. Long period, no.

According to everything I've seen or heard, this is completely wrong.

[HighFlyer]

Possible loop hole?: Joe incorporates and starts a business (XYZ). XYZ now sends Joe as an employee down to that US based company to do contract work. All work that is done by Joe is payed directly to XYZ.
I take it you've never dealt with YYZ US secondary immigration? They are usually pretty thorough in poking holes in the stories of visa applicants.