Moving to US inder L1 or H1 or TN
QUESTION:
I am a Canadian citizen living in Vancouver. I am joining an Atlanta firm as their COO and will continue to reside in Canada for the time being. The company attorney indicates that I need to work as a 1099 employee until the company is registered in Canada. I am getting shares in the company. I am concerned that working under a 1099 would not qualify me for an L1 visa after one year from now. Please advise.
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david ingram replies:
If you want to be paid, you do not have much choice. However, unles they have employees and an operation in Canada with other people left behind in Canada after you leave on your L visa after a year's employment, you will not qualify to move on an L-1 visa.
In other words, unless the company is intending to open and maintain a branch in Canada for ever, you do not qualify for a transfer under the L classification. It is more likley that they should hire you now, let you do most of your duties in Canada while waiting for an H visa to be issued. In the meantime, it is possible that a management consultant TN visa would let you go south to advise management on an occassional basis.
That would preclude your having the COO designation for tjhe US operation until the H visa was issued which would take over a year presently.
However, although I do consult on the matter because of the tax and immigration problems, I am NOT a lawyer and NOT a member of the AILA. I suggest that you should be consuilting a US lawyer with lots of experience moving people across the border to the USA. Spending a few dollars of your own on someone really good will put you in a better position to deal with the lawyer your company hires.
You should contact Joe Grasmick at www.grasmick.com or Greg Siskind at www.visalaw.com. Both have extensive experience with Canadian Immigration to the US.
Both are set up to do phone consultations with Canadians and can follow up later with Homeland Security. Greg Siskind has an associate office in Toronto. Joe Grasmick worte the TN Handbook (about $400 as an e-book on Amazon.com) which every Immigration lawyer has or should have.
In Vancouver, you could confidently use David Anderssen, who as well as being a very competent US Immigration Attorney, is also the president of PACE (Pacific Corridor Enterprise Council) , a US / Canada business association which you should likely join as well if your Business is going to be operating on both sides of the border. www.pacebordertrade.org
The following will show my charges and you will likely need my services for the tax part of the move. It is also important that the tax returns and your immigration status match. Goto www.centa.com and read my section on 'Entering the USA' which you will find in the second box down on the right hand side. �
I am a Canadian citizen living in Vancouver. I am joining an Atlanta firm as their COO and will continue to reside in Canada for the time being. The company attorney indicates that I need to work as a 1099 employee until the company is registered in Canada. I am getting shares in the company. I am concerned that working under a 1099 would not qualify me for an L1 visa after one year from now. Please advise.
-----------------------------------------------------------------------------------------------
david ingram replies:
If you want to be paid, you do not have much choice. However, unles they have employees and an operation in Canada with other people left behind in Canada after you leave on your L visa after a year's employment, you will not qualify to move on an L-1 visa.
In other words, unless the company is intending to open and maintain a branch in Canada for ever, you do not qualify for a transfer under the L classification. It is more likley that they should hire you now, let you do most of your duties in Canada while waiting for an H visa to be issued. In the meantime, it is possible that a management consultant TN visa would let you go south to advise management on an occassional basis.
That would preclude your having the COO designation for tjhe US operation until the H visa was issued which would take over a year presently.
However, although I do consult on the matter because of the tax and immigration problems, I am NOT a lawyer and NOT a member of the AILA. I suggest that you should be consuilting a US lawyer with lots of experience moving people across the border to the USA. Spending a few dollars of your own on someone really good will put you in a better position to deal with the lawyer your company hires.
You should contact Joe Grasmick at www.grasmick.com or Greg Siskind at www.visalaw.com. Both have extensive experience with Canadian Immigration to the US.
Both are set up to do phone consultations with Canadians and can follow up later with Homeland Security. Greg Siskind has an associate office in Toronto. Joe Grasmick worte the TN Handbook (about $400 as an e-book on Amazon.com) which every Immigration lawyer has or should have.
In Vancouver, you could confidently use David Anderssen, who as well as being a very competent US Immigration Attorney, is also the president of PACE (Pacific Corridor Enterprise Council) , a US / Canada business association which you should likely join as well if your Business is going to be operating on both sides of the border. www.pacebordertrade.org
The following will show my charges and you will likely need my services for the tax part of the move. It is also important that the tax returns and your immigration status match. Goto www.centa.com and read my section on 'Entering the USA' which you will find in the second box down on the right hand side. �
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