Short term working in the USA

[ExtraSlow]

Many of you know I have a small consulting business. My work to this point has always been in Canada but I have been offered and opportunity to do some work in California. It's just a couple days of work, so not big dollars by any stretch. There is no possibility that it turns into longer term employment.

Would I require a visa for that? Do I pay any American tax? Thoughts?

[nzwasp]

Yes and a TN Visa would be the most suitable for this work.

[ganesh]

Many of you know I have a small consulting business. My work to this point has always been in Canada but I have been offered and opportunity to do some work in California. It's just a couple days of work, so not big dollars by any stretch. There is no possibility that it turns into longer term employment.

Would I require a visa for that? Do I pay any American tax? Thoughts?

If you tell the border services that you are going for work and you will be paid for the work , then you will need a Work visa.

[ExtraSlow]

How big of a hassle is that TN visa. Does it cost anything? I'm not planning to lie to border patrol.

[spike98]

My situation is different but when go to the states for meetings, they dont fuss. I tell them its for work, but no actual work will be done, just meetings.

[nzwasp]

The TN Visa is very inexpensive.
Total cost at Border = $56 USD.
$50 for the filing fee and $6 for I-94 fee. Pay at the border at the time of applying for the TN Visa.
Total Cost by Mail = $460 for Form I-129.
See the USCIS website for the latest fee amount..

The common documents that are usually required when applying for the TN at the border include:

1. TN Visa Application letter (sample application letters in the TN Kit)
2. Original Degree
3. Supporting documents

TN-1: Canadian Professional

The applicant must be a Canadian citizen.

The applicant must intend to engage in employment in an approved profession and have an offer of employment.

The applicant must possess the necessary credentials to be considered a professional in the approved profession the applicant is applying under. A bachelor's degree or higher is usually required for all approved professions on the list. If the profession requires licensing, then the applicant must possess the requisite license.

The applicant must intend to stay in the U.S. for a temporary period. An applicant can be denied TN status because he has a pending immigration petition

The temporary period is usually the few days or a week or whatever the trip length is.


And then the letter has all this stuff in it (from the employer who is hiring you):

A letter from the prospective employer describing in detail the activities to be performed to show they are in a professional capacity. It should provide the following: The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with NAFTA guidelines;

The applicant must prove full-time or part-time employment by a U.S. entity. Self-employment is not permitted;

Activity in which the applicant shall be engaged and purpose of entry;

Anticipated length of stay;

Educational qualifications or appropriate credentials demonstrating professional status;

Evidence of compliance with Department of Homeland Security (DHS) regulations and/or state laws;

Arrangements for pay.

Although not required, proof of licensure to practice a given profession in the U.S. may be offered along with the job offer letter and other documentation.

The official government website about this seems pretty straight forward https://www.uscis.gov/working-united-states/temporary-workers/tn-nafta-professionals however it doesnt specify if you have to fill out the I129 form prior to going to the border or if you can just show up with all those documents and a letter from the employer at the border.

[ExtraSlow]

The applicant must prove full-time or part-time employment by a U.S. entity. Self-employment is not permitted; Hmm, this could be a problem, I would be contracting to a US entity, not an employee.

[mr2mike]

Get paid in Bitcoin, you're there for vacation and call it a day.

[pheoxs]

Hmm, this could be a problem, I would be contracting to a US entity, not an employee.


You don't need to work for a US company for a TN visa. Not sure where thats coming from. I've gotten them before and all I brought was my degree and a letter from my P.Eng (I was a EIT) stating I was going down to do work for a client for X days and Y type of work. I applied for and received a 3 year visa even though it was only 7 days of work because we asked for 3 and mentioned that there may be future work as well with this client. It's pretty simple to get BUT I don't know how it would work since you are self employed and don't necessarily have another person to write the letter (or if that matters at all assuming your eligible)

[ExtraSlow]

Assuming the visa is worked out, is there any tax implications for my company earning revenue in the United States?

[civicHB]

You don't need to work for a US company for a TN visa. Not sure where thats coming from. I've gotten them before and all I brought was my degree and a letter from my P.Eng (I was a EIT) stating I was going down to do work for a client for X days and Y type of work. I applied for and received a 3 year visa even though it was only 7 days of work because we asked for 3 and mentioned that there may be future work as well with this client. It's pretty simple to get BUT I don't know how it would work since you are self employed and don't necessarily have another person to write the letter (or if that matters at all assuming your eligible)

noob question - is it your actual degree? like with Frame and all?

[pheoxs]

noob question - is it your actual degree? like with Frame and all?

I'm not 100% certain but I do believe you need to bring the original. Not the frame though, they photocopy it along with your letter to keep in their records.


Assuming the visa is worked out, is there any tax implications for my company earning revenue in the United States?

Don't believe so. You aren't working for them as an employee so there's no payroll implications. They are simply paying your company to do work, no different than if you did it remotely from Canada. I'm not 100% certain but I also don't believe you have to charge GST on it. (There's a few exceptions to certain services which wouldnt be gst-free)

[suntan]

I don’t know if it’ll apply to you, but check out the rules around the US withholding tax.

[ExtraSlow]

I'm turning down this opportunity. It turns out to be lower paying than I anticipated. Plus, for what ends up being a single day of paid work, I'd be spending three days once travel is included. Good discussion though, and opportunities for larger projects may come up in the future, so it's very relevant to me. I think the accounting/tax/visa headaches for my corporation would be worthwhile for a full week or more.