Employee of Canadian branch doing work for the US branch in the US: which visa?


I've been under TN for one year now (contract employee of a California based firm). Talked to you twice so far, and you always have great advices.

That Californian company now have a Canadian branch and they want to hire me in Canada (regular employee, not contract). My work still requires to go to the US in 1-2 weeks blocks, less than 6 months total.

Under what class of visa can an employee of a Canadian branch enter the US to do work for the US branch?

I am trying to understand how this would fly (if it does).

Thank you,

david ingram replies:

The Canadian company would obtain a TN for you in their name. If they want to be classier, they will get you an H visa.

However, you would still be liable to file and pay US federal and California taxes for the period you work in the USA.

It would not be double taxation but could cause a cash flow problem.

Your company should adjust your Canadian dedcutions for income tax to allow youto make some installment payments to the US and California. 

When you prepare the US 1040NR and California 540NR, you will claim the taxes paid to the US as a foreign tax credit of Canadian forms T2209 and T2036.

You should get credit for every cent on your Canadian return. �