A very specific situation for a Canadian citizen

[sammagham]

Hi,

I am a Canadian citizen who lives in Canada and works from home for a company in the UK. I dont do anything other than coding for their customers using my own laptop and I never visit a client site. So all my work is done by me using my laptop.

Here is the dilemma (lol)

I am planning to skip winters and stay somewhere in southern California or Florida (for less than 6 months) during cold seasons in Canada. While being there, I would like to be able to still work for the UK company using my personal laptop. But of course I want to do it completely legally. I know Canadians are allowed to stay inside the U.S. for maximum 6 months of every year, but we cannot work in the U.S. (without proper visas like TN or H1...) As you can see my work is not really related to the U.S. and I am not going to need/use anything from the U.S. or visit any places in the U.S. to accomplish the work.

Do I still need a visa to do this? What exactly do I need to have/do in order to achieve this?

I hope there are some experts who can resolve this dilemma

Thanks in advance!!

[inadmissible]

Yes you need a US work visa to do work in the United States, even if that work is done for a foreign employer

[sammagham]

Yes you need a US work visa to do work in the United States, even if that work is done for a foreign employer

Did you read my entire post?

If you are aware of visas you would know that it is not possible to get a visa for my situation:

TN: A U.S. employer has to employ you

H1B: A U.S. employer has to employ you

My situation is more like those Quebec retirees living in Florida 6 months a year, except that I work for UK while my **** is sitting in the U.S.

[NettieL]

..............

My situation is more like those Quebec retirees living in Florida 6 months a year, except that I work for UK while my **** is sitting in the U.S.

The retirees do not work while on US soil. If they do, they would need US authorisation to work and have to file US and Canadian taxes. With your line of work (working remotely), you will also need to pay the state taxes, depending on where you choose to live.

[inadmissible]

Did you read my entire post?

If you are aware of visas you would know that it is not possible to get a visa for my situation:

TN: A U.S. employer has to employ you

H1B: A U.S. employer has to employ you

My situation is more like those Quebec retirees living in Florida 6 months a year, except that I work for UK while my **** is sitting in the U.S.

Indeed, I did read your entire post, and I am "aware of visas". You need an appropriate visa to work in the United States. You do not gain work authorization by virtue of the challenges you face in obtaining a work visa

[sammagham]

Indeed, I did read your entire post, and I am "aware of visas". You need an appropriate visa to work in the United States. You do not gain work authorization by virtue of the challenges you face in obtaining a work visa

How aware are you in terms of visas? I mean what visa suits this?

Another question: what if while in the U.S., I login to my trading account and trade some stocks? Would I need visa for that too? What is the name of that visa?

[newacct]

How aware are you in terms of visas? I mean what visa suits this?

Another question: what if while in the U.S., I login to my trading account and trade some stocks? Would I need visa for that too? What is the name of that visa?

It's your responsibility to find a status that allows you to work. Maybe there isn't one, in which case, too bad, you can't work. Lots of foreigners would love to work in the US but just because they want to doesn't mean there is a way for them to do it.

[inadmissible]

Buying and selling investments for your own account is not work, unless you are a dealer in securities. Actively managing the portfolio companies (venture capital) is work. E and H visas are appropriate for foreign persons engaged in market making or venture capital work within the United States

As for you, a H, TN, or EB-3 visa may be appropriate for you depending on the nature of your work, wage level, and availability of workers authorized to work in the United States who are able and willing to do the job at the prevailing wage.

All three visas would require your employer to either register to do business in the US state you aspire to live in, or establish a US subsidiary to transfer you to. It isn't actually required that the employer be a US domestic corporation. The regulations mention a "US employer" but further clarifies that to mean an enterprises authorized to engage in business in the United States. In fact, of the top ten H-1B visa sponsors, only 4 are domestic corporations; 1 is Irish and the other 5 are Indian

All EB-3 visas, and H-1B visas where the proferred wage is less than $60,000/yr are subject to labor certification. That is a typically year long process to protect American workers by requiring the employer to carefully document that they are unable to find willing and qualified Americans to work for the prevailing wage. H visas are subject to a lottery to equitably distribute the few visas available among the many employers that need them.

H-1B visas are for specialized work, your line of work may or may not qualify. TN visas are for very specific professional occupations, again your line of work may or may not qualify.

You would need to investigate if your work meets the requirements of these visas, if labor certification (if applicable) is viable, and if your employer is willing to jump through the hoops needed to apply for your visa

You might find that none of these options work for you. In that case, you will have to choose between not working here, working unlawfully, and family based immigration

If you wish to work unlawfully, plan ahead very carefully. What will you say to a border agents who asks for the details of your vacation plans? How will you lease long term housing without being able to substantiate your income? Can you afford to never return to the United States if your shenanigans come to light? How will you access healthcare services?

Best of luck

[sammagham]

It's your responsibility to find a status that allows you to work. Maybe there isn't one, in which case, too bad, you can't work. Lots of foreigners would love to work in the US but just because they want to doesn't mean there is a way for them to do it.

I am only a big fan of the weather down there in the U.S. compare to our chilling weather up in Canada. It is a fantasy of mine to skip the cold weather for a few months and go to somewhere in Florida or California. I dont need/want to work for any companies in the U.S., I work remotely for a UK based company with customers in Europe, so my work has ZERO relation to the U.S. whatsoever. I wonder if people understand this situation!

[sammagham]

Buying and selling investments for your own account is not work, unless you are a dealer in securities. Actively managing the portfolio companies (venture capital) is work. E and H visas are appropriate for foreign persons engaged in market making or venture capital work within the United States

As for you, a H, TN, or EB-3 visa may be appropriate for you depending on the nature of your work, wage level, and availability of workers authorized to work in the United States who are able and willing to do the job at the prevailing wage.

All three visas would require your employer to either register to do business in the US state you aspire to live in, or establish a US subsidiary to transfer you to. It isn't actually required that the employer be a US domestic corporation. The regulations mention a "US employer" but further clarifies that to mean an enterprises authorized to engage in business in the United States. In fact, of the top ten H-1B visa sponsors, only 4 are domestic corporations; 1 is Irish and the other 5 are Indian

All EB-3 visas, and H-1B visas where the proferred wage is less than $60,000/yr are subject to labor certification. That is a typically year long process to protect American workers by requiring the employer to carefully document that they are unable to find willing and qualified Americans to work for the prevailing wage. H visas are subject to a lottery to equitably distribute the few visas available among the many employers that need them.

H-1B visas are for specialized work, your line of work may or may not qualify. TN visas are for very specific professional occupations, again your line of work may or may not qualify.

You would need to investigate if your work meets the requirements of these visas, if labor certification (if applicable) is viable, and if your employer is willing to jump through the hoops needed to apply for your visa

You might find that none of these options work for you. In that case, you will have to choose between not working here, working unlawfully, and family based immigration

If you wish to work unlawfully, plan ahead very carefully. What will you say to a border agents who asks for the details of your vacation plans? How will you lease long term housing without being able to substantiate your income? Can you afford to never return to the United States if your shenanigans come to light? How will you access healthcare services?

Best of luck

I dont think any of you people understand my situation. I am going to rephrase it here (Please read till the end):

1-I am a Canadian citizen, living in Canada permanently
2-I work for a company based in the UK. I do my work remotely from the comfort of my home.
3-The UK company does not provide any services to the U.S. and does not sell any products to the U.S., in fact their focus is solely European companies
4-I, as a person would like to skip winter sometimes maybe for 3 or 4 months and go somewhere in the south like Florida or California
5-While going there, I still want to be able to open my laptop and continue my work for the UK company that provides services to Euoropean companies and has ZERO business with the U.S.
6-So if you read this far, you do realize that I AM NOT REQUIRED to be in the U.S. in order to complete my work, the UK company does not have any profits/interests from me being in the U.S. or even Canada for that matter.
7-The only reason for me being in the U.S. is to skip the bad weather up here in Canada during winter.

I really wonder what kind of visa would cover this!!

If nothing would cover what I need, I would gladly choose to go to Jamaica, Dominican Republic or any of the other tropical destinations but my first preference is the U.S. because of safety and cultural similarities with Canada.

-And I would NEVER intend to do illegal work anywhere in the world.

[newacct]

I dont think any of you people understand my situation.

Everybody here understands your situation from the first post. And it is as we told you. It's just what the law is; it doesn't have to make sense.

[sammagham]

Everybody here understands your situation from the first post. And it is as we told you. It's just what the law is; it doesn't have to make sense.

And you are talking on behalf of everyone here? You said "we". I suggest you not to reply if you do not know an answer which is why I have posted this thread. I am aware of the fact that there are laws that's why I am asking this question here, to find out what exactly the law says for this EXACT situation, I dont need to be lectured about general immigration laws, it is a very specific one and not easy to find an accurate answer out here.

[PryncissQueen]

No matter how you word it or who you are actually working for... You will be physically present in the US while working and making money... You have to have to proper visa. Which visa will it be??? You should research... But you can not work in the US without the proper authorization. You will be required to pay taxes and have access to health insurance... Soooo.... Either you will find out which visa suits your needs or you will stay in Canada or come and work Illegally... It's up to you

[inadmissible]

sammagham you should certainly check out Jamaica, the Domnican Republic, and Mexico. The weather is good, they are more flexible about work authorization, and they are more forgiving about your English comprehension

[sammagham]

No matter how you word it or who you are actually working for... You will be physically present in the US while working and making money... You have to have to proper visa. Which visa will it be??? You should research... But you can not work in the US without the proper authorization. You will be required to pay taxes and have access to health insurance... Soooo.... Either you will find out which visa suits your needs or you will stay in Canada or come and work Illegally... It's up to you

Your suggestion of working illegally is deeply disturbing. Some of my friends and relatives who live in the states are very enthusiastic to go after people who encourage illegal things.

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sammagham you should certainly check out Jamaica, the Domnican Republic, and Mexico. The weather is good, they are more flexible about work authorization, and they are more forgiving about your English comprehension

Are you implying that I do not understand English? lol