American Employer hiring Canadian as Service

What a great website.  I just found this today and have bookmarked this for
future reference.
We are a US employer that is interested in a Canadian to fill a field
service position.  While this individual would be based out of his home in
Ontario, he will be going to customer facilities performing alot of work
throughout the US and other countries.
Our thought would be to "hire" this individual in Canada through a sister
Canadian company (they actually hire him and run him through their payroll
and we pay them.)
My question is, 1.  Is this the right way to do this? 2.  If not, what is?
3.  If so, what documentation would this individual need when coming with
his tool to the US?  Does he need a TN-1 visa, etc?  Again, he would be
living in Ontario, paid via a Canadian company, but perfroming alot of work
in the US, etc.
Thanks for your advice in advance.
david ingram replies:
Your potential employee is unlikely to qualify as a TN because he would need
a professional degree such as electrical engineer, architect, structural
engineer, etc to qualify for a TN.  You can find the rules under "entering
the US" which you will find in the second box down on the right hand side at
Your employee could possibly qualify without a degree as a scientific
technician but to work as a scientific technician he has to work under the
direct supervision and report to a US person with a professional degree in
that field.  This means that if your Canadian was a specialist in Cellular
Telephone technology, he could qualify as a scientific technician but he or
she could not work alone in the field as an example.
If he was working for a Canadian Company that made and produced and sold a
Canadian product into the US, your man could go to the US to service or
repair the equipment, etc., while it was under the original warranty period
under a B1 Status.  However, even if he is working for and being paid by the
Canadian Company, he can NOT service a product which was built in the US or
sold by the US branch.
After he has worked for the Canadian Company for one year, if he has
specialized knowledge, he can likely be transferred to the US under an L
visa.  It might be that you should have him service sites in Canada and
other countries for one year and then transfer him under an L1 visa.  The
advantage of an L is that he can continue to live in Canada and be paid by
the Canadian company which is easier for a Canadian resident.
You might want to buy an hour of my time over the phone.  I charge $400 an
hour Canadian which is about $320 US at the moment and can give you some
immigration advice and a LOT of income tax advice.  However, I am NOT a
lawyer and therefore will not represent you with an H or L visa.  I will
assist with a TN visa if you were to determine that he qualifies.
An excellent US lawyer to discuss your problem with would be Joe Grasmick at Joe has a method of your paying $285.00 over PayPal for a
half hour consultation over the phone but I will tell you, you can NOT (in
my opinion) go wrong dealing with Joe Grasmick.  He wrote the most popular
book on the TN visa question and you can also buy it as an e-book over the
David Ingram's US/Canada Services
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