L2 Visa - Only US employee working for Canadian Company

[jhoust93]

Hello,

Here is the situation:

My girlfriend of 7.5 years (soon to be wife) is going to be transferred down to NYC with her company on an L1 Visa. We will be applying for my L2 Visa concurrently. I have worked out with my employer, a small Canadian company, that I can work down there under my L2 and an EAD, thus saving them the burden and expense of having to handle any of my visa work. I would be there only US resident employee and I would ideally be travelling back to Canada once a month to work here for a week at a time.

My questions:
1) Am I able to remain on Canadian payroll or does my company need to setup US payroll?

2) Are there travel restrictions for an L2 Visa holder?

3) Can I work for a Canadian company on Canadian Payroll while waiting for EAD?
I understand it is “technically no” but is it practically possible

Am I missing anything?

[Libra_14]

1) Am I able to remain on Canadian payroll or does my company need to setup US payroll?

Tricky situation. I am not 100% sure, but if you are not getting paid in US, you don't need a US payroll. Neither you need EAD if you are working remotely for your Canadian company.

2) Are there travel restrictions for an L2 Visa holder?

No restrictions.

3) Can I work for a Canadian company on Canadian Payroll while waiting for EAD?
I understand it is “technically no” but is it practically possible

You don't need EAD, if you are not getting paid in US dollars & not working for an US company.

[inadmissible]

1) Am I able to remain on Canadian payroll or does my company need to setup US payroll?

2) Are there travel restrictions for an L2 Visa holder?

3) Can I work for a Canadian company on Canadian Payroll while waiting for EAD?
I understand it is “technically no” but is it practically possible

1) it is fine to be on foreign payroll, but be aware of the tax issues (they likely won't withhold FICA/FUTA/SUTA)
2) no
3) you're right, you're not allowed to do that. you're also right, in a practical sense, that you might get away with it. you could also get away with selling controlled substances or operating a prostitution ring - but you won't do either of those things either, because it's not worth the risk of getting caught