Moving 10 programmers to the US - 


QUESTION: We are a Canadian based company that developes software, 
we are currently incorporated in the state of Nevada and are looking 
at moving 10 of our Canadian employees and their spouses to our US division.  
Could you tell me what type of Visa we should apply for that will allow 
their spouse to work and for them to eventually become a permanent US Resident?
----------------------
david ingram replies:

The only visa that would allow the spouses to work is an L1 Via.

It is unlikely that you can transfer 10 employees at a time under an L1 because the transferee must be a supervisor, manager, or a person of very specialized knowledge.

Computer programmers can NOT move to the US on a TN visa. 

They 'can' go to the USA with an H1 visa but the quota fills quickly which is the reason for MICROSOFT opening in Vancouver. AND, spouses can not work with an H1 or TN visa unless they qualify for their own visas.

However, an L1 would serve your purposes 'IF' your employees truly have unique or very very rare specialized knowledge or are management or senior supervisors.  If in a supervisory role, a rough rule of thumb would be eight to ten others working under their supervision.

Remember that even Microsoft has given up on getting programmers into the US and is opening up in Greater Vancouver as shown in the following which was taken from http://chinesecanadians.blogspot.com/2007/07/microsoft-to-open-development-center-in.html

Thursday, July 05, 2007

Microsoft to open development center in Vancouver, B.C.

Amid challenges getting enough foreign programmers admitted into the U.S., Microsoft plans this fall to open a development center in Canada.

The new software development center will open somewhere in the Vancouver, British Columbia, area and will be "home to software developers from around the world," Microsoft said in a statement on Thursday.

"The Vancouver area is a global gateway with a diverse population, is close to Microsoft's corporate offices in Redmond and allows the company to recruit and retain highly skilled people affected by immigration issues in the U.S.," Microsoft said.

The announcement of Microsoft's Canadian plans follows the failure of an immigration bill that would have expanded the number of foreign high-tech workers that could have come to the country each year under so-called H1-B visas.

High-tech companies have been pushing hard to get Congress to increase the number of visas they are allotted. In separate Capitol Hill appearances, Microsoft Chairman Bill Gates made a strong plea for unlimited H-1B visas, while a Google executive credited the company's success to foreigners and called for expanded ability to hire them.

But so far, a broader feud has killed two attempts by the U.S. Senate to overhaul the immigration system, including a bump in the H-1B quota from a base level of 60,000 to at least 115,000. Silicon Valley wasn't pleased with all of the bill, but it was also counting on passage of amendments that would provide greater assurances that green cards for permanent residency come through and create new exemptions for foreigners with advanced degrees.

Now companies are left to hope that their congressional allies will pass standalone bills, severed from the larger immigration debate, to accomplish those tasks. Although a number of senators have indicated support for the tech industry's goals, others have taken an arguably more measured approach, proposing bills aimed at curbing H-1B abuse while upping the quota.

Microsoft spokesman Lou Gellos said that while the immigration issue was a factor, the company would be opening the center in Vancouver even if it were not for the immigration challenges. That said, Vancouver is particularly attractive since it is a short drive from Redmond, Wash., but not bound by U.S. immigration policies.

"It does help us address that challenge we have in the United States of hiring very qualified people, many of whom are graduating from schools in the U.S., but who cannot acquire the necessary documentation to work in the U.S.," Gellos said.

Microsoft plans to start with a couple of hundred workers, but is looking for a spot "with room to grow," Gellos said. "We haven't finalized the actual facility or the site yet," he said. "Once we get an indication of where we can do the center, that will help us to clarify the numbers."

The software maker currently has just over 900 workers in Canada, most of whom are based in Toronto, where Microsoft has its local subsidiary as well as sales, marketing and some development staff. There is also a sales office in Vancouver.

Microsoft's move is hardly its first venture offshore. While the bulk of its workers are in the greater Seattle area, Microsoft has expanded its development efforts in recent years, adding efforts in Denmark, Israel, India, China and the United Kingdom, among other locales. Microsoft recently announced plans to expand operations in Bellevue, Wash., near its Redmond campus, and in Fargo, N.D. The company also has development efforts in North Carolina and Silicon Valley.

Microsoft Canada President Phil Sorgen said his unit had long pushed Canada as a great place for the software maker to do development work.

"We have burgeoning high-tech and software industries and a globally envied quality of life, and our cities represent exactly the kind of environment that leading information workers want to live in," he said in a statement. "This center will help Microsoft remain globally competitive while providing strong economic benefits to British Columbia and Canada."

---

A week after an immigration reform bill stalled in the Senate that would have boosted the U.S. government limit on H1-B visas, Microsoft on Thursday announced plans to open a new software development center in Vancouver, British Columbia.
Set to open this fall, Microsoft's Canada Development Center will take advantage of Vancouver's diverse population and proximity to the software giant's Redmond, Wash. headquarters, Microsoft said.

The facility will allow Microsoft "to recruit and retain highly skilled people affected by immigration issues in the U.S.," according to a Microsoft statement.

Like many IT vendors, Microsoft has long been a vocal critic of U.S. immigration policy and the H1-B visa cap, which currently stands at 65,000. Chairman Bill Gates earlier this year told a Senate panel that government immigration policies are preventing U.S. companies from hiring top global talent.

Last week, after the demise of the immigration bill in the Senate, Microsoft expressed its disappointment and predicted far reaching repercussions in a statement sent to the media.

"This shortfall will limit American competitiveness and technological innovation, hampering not only the technology industry, but our country's leadership in these critical areas," Microsoft said in a statement.

Microsoft has additional software development centers in North Carolina, Ireland, Denmark, and Israel. The vendor also has R&D centers in the U.K., India, China, and Silicon Valley, and recently announced plans to build facilities in Boston and Bellevue, Wash.
---------------------------------------------------
It is very unlikely that blind or unexpected email to me will be answered.  I receive anywhere from 100 to 700  unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients.  Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject and get answered first.  I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town.  expert  US Canada Canadian American  Mexican Income Tax help
However, I regularly search for the words"PAYING CUSTOMER" and always answer them first if they did not get spammed out. As an example, as I write this on Oct 18, 2007 since June 16th (124 days), my 'spammed out' box has 34,939 unread messages, my deleted box has 11854 I have actually looked at and deleted and I answerd 1078 email questions for clients and strangers.  I have also put aside 622 messages that I am maybe going to try and answer because they look interesting. -expert  US Canada Canadian American  Mexican Income Tax help

Therefore, if an email is not answered in 24 to 36 hours, it is lost in space.  You can try and resend it but if important AND YOU TRULY WANT OR NEED AN ANSWER, you will have to phone to make an appointment.  Gillian Bryan generally accepts appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321. expert  US Canada Canadian American  Mexican Income Tax help.

david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver,  BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325

Calls welcomed from 10 AM to 9 PM 7 days a week  Vancouver (LA) time -  (please do not fax or phone outside of those hours as this is a home office) expert  US Canada Canadian American  Mexican Income Tax help.
 
Disclaimer:  This question has been answered without detailed information or consultation and is to be regarded only as general comment.   Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation  in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included." expert  US Canada Canadian American  Mexican Income Tax help.
David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Mexico  family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority.
 
Phone consultations are $400 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or is to be returned to Canada or a phone consultation is in Canada. expert  US Canada Canadian American  Mexican Income Tax help.
This is not intended to be definitive but in general I am quoting $900 to $2,900 for a dual country tax return.
$900 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only (but were filing both countries) - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,100 would be the same with one rental
 
$1,300 would be the same with one business no rental
 
$1,300 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
 
$1,600 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,700 would be for two people with income from two countries

$2,900 would be all of the above and you moved in and out of the country.
 
This is just a guideline for US / Canadian returns
 
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $175.00 up.
 
With a Rental for $375
 
A Business for $375 - Rental and business likely $500
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
 
Moving in or out of the country or part year earnings in the US will ALWAYS be $800 and up.
 
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
 
8891 forms are generally $50.00 to $100.00 each.
 
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
 
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.

Catch - up returns for the US where we use the Canadian return as a guide will be $150 to $500.00 depending upon numbers of bank accounts, RRSP's, existence of rental houses, etc.

Just a guideline not etched in stone. 
 
This from "ask an income trusts tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax returns with multi jurisdictional cross and trans border expatriate problems  for the United States, Canada, Mexico, Great Britain, United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio Houston, Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax  Immigration Wizard Antarctica Rwanda Guru  Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer expatriate anti money laundering money seasoning FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention. expert  US Canada Canadian American  Mexican Income Tax help.

David Ingram expert income tax and immigration help and preparation of US Canada Mexico non-resident and cross border returns with rental dividend wages self-employed and royalty foreign tax credits family estate trust trusts income tax convention treaty

New York, Boston, Sacramento, Minneapolis, Salem, Wheeling, Philadelphia, Pittsburgh, Atlanta, Pensacola, Miami, St Petersburg, Naples, Fort Myers, Cape Coral, Orlando, Atlanta, Arlington, Washington, Hudson, Green Bay, Minot, Portland, Seattle, St John, St John's, Fredericton, Quebec, Moncton, Truro, Atlanta, Charleston, San Francisco, Los Angeles, San Diego, Sacramento, Taos, Grand Canyon, Reno, Las Vegas, Phoenix, Sun City, Tulsa, Monteray, Carmel, Morgantown, Bemidji, Sandpointe, Pocatello, Bellingham, Custer, Grand Forks, Lead, Rapid City, Mitchell, Kansas City, Lawrence, Houston, Albany, Framingham, Cambridge, London, Paris, Prince George, Prince Rupert, Whitehorse, Anchorage, Fairbanks, Frankfurt, The Hague, Lisbon, Madrid, Atlanta, Myrtle Beach, Key West, Cape Coral, Fort Meyers,   Berlin, Hamburg,  Warsaw, Auckland, Wellington, Honolulu, Maui, Kuwait, Molokai, Beijing, Shanghai, Tokyo, Manilla, Kent, Winnipeg, Saskatoon, Regina, Red Deer, Olds, Medicine Hat, Lethbridge, Moose Jaw, Brandon, Portage La Prairie, Davidson, Craik, Edmonton, Calgary, Victoria, Vancouver, Burnaby, Surrey, Edinburgh, Dublin, Belfast, Glasgow, Copenhagen, Oslo, Munich, Sydney, Nanaimo, Brisbane, Melbourne, Darwin, Perth, Athens, Rome, Berne, Zurich, Kyoto, Nanking, Rio De Janeiro, Brasilia, Colombo, Buenos Aries, Squamish, Churchill, Lima, Santiago, Abbotsford, Cologne, Yorkshire, Hope, Penticton, Kelowna, Vernon, Fort MacLeod, Deer Lodge, Springfield, St Louis, Centralia, Bradford, Stratford on Avon, Niagara Falls, Atlin, Fort Nelson, Fort St James, Red Deer, Drumheller, Fortune, Red Bank, Marystown, Cape Spears, Truro, Charlottetown, Summerside, Niagara Falls, income trust, Income Tax Treaty Convention. - expert  US Canada Canadian American  Mexican Income Tax help.
 david ingram International non-resident cross border expert income tax & immigration help estate family trust assistance expert preparation & immigration consultant, income trusts experts on rentals mutual funds RRSP RESP IRA 401(K) & divorce preparer preparers consultants Income Tax Convention Treaty.  expert  US Canada Canadian American  Mexican Income Tax help.
  
Be ALERT,  the world needs more "lerts".  expert  US Canada Canadian American  Mexican Income Tax help.  -

 expert us canada canadian Mexico income tax help

Comments (0)

CEN-TA Cross Border Services - Tax, Visas, Immigration
http://www.centa.com/article.php/UsCaWeekofMon20071015003588.html