Continuing Remote Work For Canadian Company After Activating CR-1

[llcoolwil 99]

Hi all! 

 

I tried searching around the forums for an answer because I swear I have seen this before but I couldn't find. Apologies if this is duplicate topic. Here's my question:

 

I currently work remotely from home for a Canadian office. If they decided to allow me to work remotely from another country, will it cause any issues with my visa or go against any legal requirements? I'd be working for a Canadian office from the US while earning money to my Canadian bank account. 

 

Interview is August 8 so I'm trying to align everything with my work! 

 

Thanks so much!

[Crazy Cat 39,288]

12 minutes ago, llcoolwil said:

will it cause any issues with my visa or go against any legal requirements?

The moment you enter the US via a CR-1, you are authorized to work inside the US.  Taxes are the only consideration which comes to mind.  Good luck. 

[llcoolwil 99]

11 minutes ago, Crazy Cat said:

The moment you enter the US via a CR-1, you are authorized to work inside the US.  Taxes are the only consideration which comes to mind.  Good luck. 

Oh! That's great! So keeping Canadian employment isn't completely off the table then? Just have to make sure I file the appropriate taxes in both countries? 

[Verrou 1,899]

u can work for any company u want remotely while u live in the US. US just want you to pay ur tax 

[Adventine 3,187]

There's more to it than taxes. Some companies do not allow remote working for another country because it may be construed by the government as setting up an office in that country. Then the company could potentially be liable for following US labor laws, remitting US business taxes, etc. You'll need to check with your company's HR department and corporate counsel.

[llcoolwil 99]

1 minute ago, Adventine said:

There's more to it than taxes. Some companies do not allow remote working for another country because it may be construed by the government as setting up an office in that country. Then the company could potentially be liable for following US labor laws, remitting US business taxes, etc. You'll need to check with your company's HR department and corporate counsel.

Great call out!! Thank you!! 

[JeanneAdil 6,203]

The company needs to have the proper US tax ID for u to work in the US

much of the company doing this depends on things like "does it sell products?"   that would be competition for US companies

Foreign Companies Doing Business in the United States

 

IR Global

https://irglobal.com › News › News

 

 

Feb 14, 2020 — A foreign corporation may establish a branch within the US to conduct its business activities even though most foreign corporations choose ...

[Mike E 11,723]

2 hours ago, llcoolwil said:

will it cause any issues with my visa or go against any legal requirements?

 

2 hours ago, llcoolwil said:

earning money to my Canadian bank account

Are they going to pay you as a T-4 employee? If so, the problem I see is that when you file a U.S. tax return, you get a tax credit for foreign taxes paid, meaning you will not be paying any U.S. taxes. I can see the IRS letting that go for a year or two, but eventually I think they will question it.

 

Ideally you are paid as a contractor by your Canadian employer. See 

 

Paying to your Canadian bank account is fine. iME transfers from a Canadian to US bank account work fine. Just be mindful of FBAR if the total balance of all your foreign financial accounts exceeds $10,000 USD on any given day of the calendar year. If so you have to make a separate report from your IRS tax return.

 

2 hours ago, llcoolwil said:

Interview is August 8 so I'm trying to align everything with my work! 

 

Are you using this continuing income in I-864?

[llcoolwil 99]

19 minutes ago, Mike E said:

Are you using this continuing income in I-864?

No because it's not set in stone that this will actually happen. This is all rhetorical right now. 

[MRJ9987 31]

I was mulling over this for a bit, but I decided against it. 

 

First reason is that I would get double taxed, by both US and Canada.  I would have to pay for health insurance out of pocket instead of benefit from possible employee plan discounts.  There would be very little chance for advancement or progression within company, at least in my position, because you would basically be overlooked for someone in the office/in the country.  If there is a regime change in my company and they decide to make changes, the person working remotely from a different country is a good option for chopping block. Finally, I have made a decision to move to the US and want to build more connections within the US and transfer my life there.    

[JlovesA 109]

I know you've already made up your mind, but just FYI, you don't get double taxed because there's a tax treaty. I still commute back to Canada for my job (I live near the border). Keeping Canadian employment is not a great situation for multiple reasons, but it's doable.

Edited July 17, 2023 by JlovesA
clarity

[llcoolwil 99]

Oh wow! Thank you so much for that info! I appreciate it