New TN for every client?

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Sujane80
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Joined: Tue Sep 27, 2011 4:02 pm

New TN for every client?

Post by Sujane80 »

We are a Canadian corp. My husband is a consultant who does short contracts in the US on TN Visa.

1. In the description of a TN Visa it seems to state that one has to be "employed" by the US company. Does it matter if he is working for them as a contractor and we are paid "corp to corp" so he is an "employee" of our Canadian corp not them?

2. Does he need to obtain a new TN Visa every time he re-enters the US to work for a new client if the TN has not expired?
nelsona
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Post by nelsona »

1. He should describe more accurately the arrangement he and his client are working under. If he is not and employee, it should not say "employed". "Contracted" would be better.

2. Yes, as a contractor emplyed by the Cdn firm, he needs a US sponsor for each TN.

You might want to look into entering US as simply B-1 business visitor, as almost anything that is allowed under TN, is allowed under B-1 for a Cdn, as long as he is being paid by the CDn corp, and continues to live in Canada.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Sujane80
Posts: 25
Joined: Tue Sep 27, 2011 4:02 pm

Post by Sujane80 »

The B1 description says cannot be paid by a US entity - does this mean to the individual or to the business? The work he does amounts to much more than attending meetings - he is "working" day to day, 40 hours a week - its just that those hours are billed by the Canadian Corp.

Also, on another concern - I know its important to not be considered as a resident of the US even if there on a TN for less than 183 days per 12 month period. If he were to take a short-term lease on a furnished apartment, or even something considered "corporate" housing, instead of staying in a hotel, would that considered as acting like a "resident" if the issue were to be raised? Or is it strictly the amount of time he spends in the US? Is 183 days TOTAL time - as in if he is there a month, comes back to Canada for a week, then returns for a month?
nelsona
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Post by nelsona »

Paid typically means wages. Corp-to-corp means the Cdn corp is paying him as an employee.

In an event, TN is safer bet, and is working for you, so no need to change. But you do need a petition for each client.

Under TN, the only way to avoid this is to have a US agent who contarcts for you. Then the agent sponsors you. This of course cuts your profits.

Since you live in Canada and travel back and forth, getting a TN for each client, while annoying should not be difficult (ie. no trips to borfeder for the sole purpose of getting TN).
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Sujane80
Posts: 25
Joined: Tue Sep 27, 2011 4:02 pm

Post by Sujane80 »

Thanks Nelsona - could you comment on the other question of what to avoid so as not to be considered a "resident" for tax purposes? Or is that a tax question.
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona »

That is a tax question.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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