TN Visa, working from Canada

Jun 28, 2020 7 Comments

If you have a TN Visa and are on US payroll, legally, are there any reasons that one would not be able to WFH from Canada? Is tax implications on your side the only concern or are there any issues legally from the company-side, assuming the company doesn’t have a Canadian branch.

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TOP 7 Comments
  • Pandora
    r5)$dsr

    Go to company page Pandora

    r5)$dsr
    Immigration wise there are no implications,
    TN, h1b etc are only valid inside the US.
    Once you are outside of US, the rules of other country applies.
    Plenty of people live in Canada and work in US. A colleague of mine use to live in Canada while still on h1b and use to travel every month without any issue.
    I think tax wise things were bit involved. You have to pay taxes in both countries but then there is a tax treaty and you don’t have to double pay.
    You can find a lot of such questions in avvo.. just chat with an immigration attorney.
    Jun 28, 2020 0
  • Verizon / Mktg
    tuckfrump

    Go to company page Verizon Mktg

    tuckfrump
    There’s a couple of things that you’ll
    Have to see - first, for tax purposes as you’ve written down. You’ll have to be a “resident” to earn and pay taxes or else the job is considered as outsourced. Secondly, you should work at the address on your LCA. This makes sure that you’re paid wages above the prevailing wage.

    You might want to talk to an attorney on this. If I were you I’d be very careful as flouting rules on immigration may prohibit from you entering to the country on work visa.
    Jun 28, 2020 2
  • I am actually doing that right now because I think I am stuck in canada (since the borders is still closed) I was visiting Vancouver in early March before the oandemic. Also like to know if this is possible
    Jul 3, 2020 0
  • Amazon
    lUpS72

    Go to company page Amazon

    lUpS72
    I asked my employer and received a straight NO. I cannot work a single day in Canada on US payroll. I'm TN1.
    Aug 15, 2020 1
    • NS8
      veximus

      NS8

      veximus
      Your employer probably just gave you a blanket MAGA answer. There really isn't much they can do about it if you have a valid TN already and are working remotely while taking a trip out of the US i.e Canada.

      Personally, for peace of mind, I like to find and work with companies that have no issues with you working from anywhere as long as SGD.
      Aug 26, 2020