Working In and Around the US of A? 37
jackda asks: "Like many out there I (an Engineer from Canada now in Massachusetts) am working in the US on the TN-1 visa. It has and continues to be a frustrating process both obtaining the visa, as well as obtaining information on working as a visa holder, in the US. I have received a very mixed bag of info from the US/CDN Consolate down to the border cross/INS people. I am just wondering if the collective minds of Slashdot could offer any tips, sources or info on anything from SSNs, to taxes, to resident/employment status, to any useful knowledge about living for a TN visa holder."
Concrete advice, but moral support (Score:5, Informative)
The consulates never talk to customs/immigration people except at higher levels, and as a result bureaucracy will always win out in the end. Moreover the Cdn consulate in the US is in no position to offer you any real information or help on what you will find with the US customs/INS people on the front line, despite what they will say.
Your best bet is to go to your firm -- it is supposed to have legal staff (after all, they got you down there in the first place, right?) who are supposed to know about this. Use the legal staff, it's their job. Also, go to the USINS website and rummage around for TN visa information. The latter is not really a solution, it's more of a palliative; however, more information doesn't hurt.
When I used to work for a dotbomb in 2000 (in Vancouver) I ended up looking at immig. issues for a group of tech staff from Mexico who needed to go to the US. I could not have done it without our immigration lawyer, and I was more familiar with the subject than just about everyone else in the firm. They may not be able to surmount the actual issues, but they should be able to tell you -- in clear language -- what paperwork you need, what the employer has to provide, and what the immigration people expect to see.
Good luck to you.
Paperwork issues, living advice (Score:5, Informative)
The questions you have seem to be more along the lines of "what sort of paperwork do I have to do" and ordinary living questions. Usually much of the necessary tax paperwork is handled by your employer, but how much hand-holding they give you varies a lot. I assume from your questions that they are giving you very little. The processes in the US (with the notable exception of health insurance) of taxes/banking/etc. really aren't all that different than in Canada, so I'm guessing that you're a recent college graduate and this is your first job ever anywhere. In which case the issues aren't awfully related to you being from out of the country.
Most of the paperwork questions, you'll find decent answers for on the web. Both Canada and the US have really good websites for federal tax forms and instructions. Disentangling all the details isn't that easy, but there are newsgroups (like misc.immigration.usa and misc.immigration.canada) where common cases seem to be fairly well treated. State and local taxes aren't necessarily quite so easy but generally your employer knows how to sort things out there (although if you're the only Canadian employee they may not get things right, so double check on them!)
Re:Paperwork issues, living advice (Score:4, Informative)
I've been on a TN visa for 5 years. I live in Seattle. When it's time to renew, I just drive up to the border and renew; it takes less than 30 minutes not counting driving time. No immigration lawyer needed.
You can also renew by sending your petition paperwork to the INS processing center in Nebraska. This takes a long time, but if they physically get the paperwork before your current TN expires, you get an automatic extension until your application is processed. My wife usually takes this approach.
I know lots of TNs who have brought their family with them. Immediate family members automatically get TD visas that allow them to live (but not work) in the US. They just need to show INS their spouse's TN, their marriage certificate, and the kids' birth certificates.
You're in for a rude surprise when it comes to how they're treated when you have a TN-1.
I'm not sure what this means; I've never heard of poor treatment of a TN's family members by INS.
There is only one rule: There are no rules. (Score:5, Informative)
TN policy is not concrete. It varies from officer to officer, based on the phase of the moon, side-of-bed wavelength, and officer perception of the cut of your jib. The background documentation requirements in particular seem to vary immensely from applicant to applicant, and require an average of about 1.8 visits to INS per applicant.
My recommendation to grease the application is to pick a way-early non-critical time for your first trip across, and assume that you will be turned back for incorrect supporting documents. For that reason, if you're coming from a city with a Canadian airport with on-site INS services, you are well advised to make your first attempt there. You will almost certainly be returning home the first time.
A friend attempted to go to the airport the day before his flight, simply in order to process all of the paperwork. He was hassled to no end for "assuming his application would fail."
My interpretation is that their job is to give you a good hassling, simply to see if you crack under the stress and let something slip. If that psychology is correct, then your task is to:
a) demonstrate that you are in fact feeling the stress, while
b) maintaining consistent facts.
Once you have the visa, it simplifies your life immensely. Not quite at the point of waving it out the window as you drive through, but pretty close.
Re:There is only one rule: There are no rules. (Score:3, Informative)
What you say is partly true; it does depend on which NAFTA officer you get. However, I've had 7 TNs since 1999, and on only one of them have I had to visit INS more than onc
Re:There is only one rule: There are no rules. (Score:3, Informative)
My only piece of advice (Score:3, Insightful)
(Only half joking here...)
-psy
Working under TN Status (Score:5, Informative)
Re:Working under TN Status MOD THIS UP TO +10 ! (Score:4, Informative)
I had worked in the U.S. from 1997 to 1999 on a succession of NAFTA TN1 visas (two), after which my employer petitioned and received an H1B for me. I later received an LC in preparation for a Green Card, but, having to change employers, that fell through -- the H1B was successfully transferred though (this used to be a real hassle, but is less so).
The telecom bust had me return to Canada in 2003 -- the H1B was long in the tooth anyway (it's good for three years max., renewuable once, for a total of six, with special excemptions on a year over year basis if you're in the last stage of Green Card processing).
This site is one of the best I found on the subject.
Issues you will face:
1. establishing a U.S. credit history -- it was easier for me to buy a house than get a credit card for the first 12 months (mortgage lenders will be willing to do international credit checks);
2. severing Canadian tax residency -- you WILL want to do this as you will likely not be able to afford to pay Canadian-rate income taxes with U.S. expenses as well;
3. Ignoramii (ignoramuses?) -- everyone will be giving you tax and INS-related advice. Unless it comes from a tax expert or immigration lawyer, IGNORE IT -- there is lot's of missinformation around. Educate yourself -- sometimes the lawyers don't even remember everything.
4. SSN -- this is a slam dunk if you have a job, as you will need one to pay social security taxes. You will need an address... staying in a hotel for a while might be a problem. This will be more of a problem for your dependents -- for tax purposes they can get an ITIN, but some states require an SSN to issue a drivers license. There is a provision that you can get an SSN if a local government requires it -- my wife got one because she needed it to get a drivers' license in Illinois.
5. INS relationships -- let your lawyer handle things, but keep up to date on what they are doing. At the border, make sure you have your paperwork in order, have an extra copy for the INS officer to file if he or she wants, and remember, on a NAFTA TN1 visa, you are a Resident of Canada for U.S. immigration purposes and a U.S. non-resident. This, despite the fact that you will likely be a U.S. resident for tax purposes. Do not, under any circumstances, confuse the two when the INS officer asks, and do not explain the difference -- they care about immigration issues only.
Call the port of entry at the airport to find out what the best time to be processed is -- do not show up five minutes prior to your flight.
Do not lie to a U.S. immigration officer, but don't volunteer anything beyond what you're asked either.
Finally, Good Luck!
Re:Working under TN Status MOD THIS UP TO +10 ! (Score:1)
Establishing credit history in the US is crucial, and can be quite frustrating. I've now worked in the US for four years. I've been able to purchase a car, and
Apply Early and have Patience (Score:2, Informative)
Re:Apply Early and have Patience (Score:2)
I'm in the happy situation that my Permanent Residency has been established. I was just a bit miffed when they told me that getting the actual card (the little piece of plastic), after everything has been sorted out and all documents delivered, takes up to a year.
Use Montreal, not Toronto (Score:3, Informative)
On one occasion we were returning to the US via Toronto. Let me just say that the experience was rather less pleasant! Lots and lots of questions and an enormous delay caused us to almost miss our flight (we had allowed 3 hours). Other people were actually missing flights, so much so that the airport dedicated a permanent member of staff to try to get them on one of the last flights home.
She told me later that they were more interested in me (UK national working in the US on an L1-B) than her for some reason.
So if you have the choice between renewing at Montreal or Toronto airports, go for Montreal!
Two words (Score:2, Interesting)
Here's some free advice, which is going to sound like flamebait: GO HOME.
The economy is bad in the US; even though some indicators are up, jobs continue to not be created. Plus, it's an election year, wherein a Democrat hopes to unseat an incumbent Republican. To that end, Kerry is going to do everything he can to rally the unworking swing voters to his cause, and that includes making it very uncomfortable and difficult for non-voting workers to keep jobs in lieu of voting out-of-work workers. And Bus
Be Very Careful (Score:4, Informative)
Yes, you need a lawyer to watch over the immigration paperwork. The advice to us was to always carry a copy of all paperwork related to the visa when crossing the border, as well as the phone number of the Immigration lawyer. If you have a spouse, make sure that they have the appropriate paperwork or visa as well.
We found that some border crossings are better than others. If you drive, think in terms of small ports of entry that deal more with commercial crossings than individuals and tourists.
Never ever argue with a border guard, no matter how rude or stupid they appear.
One thing that our lawyer and accountant both told us was that the INS and the IRS don't talk to each other. If that information is useful to you, you'll know it.
In all likelihood you are still classed as a permanent resident of Canada, and will still have to report to Revenue Canada. (It takes very little to maintain that status - even one bank account will do it).
In general terms your spring time ritual will include:
1) Have your US taxes prepared and submitted to the IRS. Pay what you owe.
2) Ship your Canadian tax records and a copy of your US return to your Canadian accountant.
3) Have your Canadian taxes prepared, and pay an amount equal to your total Canadian tax bill, less whatever amounts in taxes you paid to the IRS.
In other words, as long as you are a Canadian resident, you will pay taxes at the Canadian rate.
BUY ANY PRESCRIPTION DRUGS IN CANADA! We found that Canadian prices were roughly 20-25% of what was being charged in Virginia.
Depending on the deductible or co-pay on your US medical insurance you may also want to take semi-annual trips to Canada for checkups and regular treatments.
If you don't tell the Ontario government that you have left the country, they likely will not discontinue your Ontario health card. That can help you to avoid the three month waiting period when you return.
If your T-1 ends, and you have to return to Canada, you quite likely will be eligible for Unemployment Insurance. There is a reciprocal agreement between Canada and the US. In my case it meant collecting Kentucky UI dollars for many months at a time when the Canadian dollar was very low. There is a special HRDC office that handles such claims, and as far as I can tell once you're on stream there is no hassle.
One of the things that we found very handy was having both US and Canadian bank accounts with the same company (TD in our case). This makes transferring funds across the border fast and easy.
If you are driving a car with Canadian plates, be very very careful about your insurance. Your company may elect to drop you without warning if you stay down there too long. In our experience this is one of those times when you really want to communicate on paper so that you have something to back you up when the insurance company tries to say that you aren't covered.
If you have a mortgage or other loan in Canada, keep in mind that your bank may refuse to acknowledge your US income. While in Kentucky we tried to negotiate a loan to replace the roof on our 120 year old Victorian in Hamilton. The bank turned us down because, although I was making 40% more than I had been in Canada, the income was not earned in Canada. Idiotic, but true.
Cross border work can be a serious pain in the ass, but if you're very careful it can be handled without disaster.
Barry
Re:Be Very Careful (Score:3, Informative)
Note that a H1-B is very different than a TN visa. While you probably need a lawyer for the H1-B, if your situation is straightforward, you will not need one for the TN.
The advice to us was to always carry a copy of all paperwork related to the visa when crossing the border, as well as the phone number of the Immigration lawyer. If you have a spouse, make sure that they have the appropriate paperwork or visa as well.
Again, for a Canadian c
Re:Be Very Careful (Score:4, Informative)
Some of your information is just plain wrong.
Not true. This is why the first time you have to file taxes in either country (the first spring you've spent in the US) you fill out an IT221R3 form [ccra-adrc.gc.ca] and send it in. They determine your residency status. Don't do it yourself, get it done officially. That determines how you pay taxes and to whom.
One Canadian bank account doesn't automatically mean you're classified as a Canadian resident for tax purposes. If you're a landowner in Canada then you're probably a Canadian resident for tax purposes, but you can still have other kinds of ties and be considered a non-resident. I have a Canadian bank account, two Canadian credit cards, and a savings account with ING Canada. The vast majority of my furniture is still in Canada. My family lives in Canada. My girlfriend lives in Canada. I have Canada Savings Bonds. All this and I'm still considered a Canadian non-resident for tax purposes.
Re:Be Very Careful (Score:3, Insightful)
Which is why I say to be very careful. What you hope to avoid is a situation where your lawyer's advice runs counter to the border guard or tax office.
Read the fine print for taxes (Score:1, Informative)
When I first came to the states I did not know anything about taxes, so believe it or not I read the complete 1040 manual. I learnt that you only need to declare taxes if you meet the "presence test", which means, you spent more that 180 days in the USA. If you also resided in other countries during that taxing period you
I've had 6 TNs since 1999 (Score:5, Informative)
Renewals
First of all, how well does your job and qualifications mesh with the official NAFTA guidelines. For me, I have a CS degree and my job is as a systems analyst, so it's a 100% match. Having a 100% match makes things much easier. My wife has an economics degree, but her job is not strictly as an economist, so the match isn't as good.
For me, when I need to renew, I just drive to the border (I live in Seattle), tool around in Canada for 20 minutes, then drive back and ask to renew. They process it there and I'm done.
My wife gets her petition and paperwork done by an immigration lawyer and has it sent to the Nebraska INS processing center. It can take up to 3 months for this to happen, but as long as they're processing the renewal, she has an automatic extension to her visa. The application must be physically received by Nebraska before the current TN expires, but you don't need to send the extension application in 3 months in advance. From the time they get the application to the time they finish processing it, you can't leave the country, because you would have been deemed to have abandoned your application. So don't do that.
Like I say, if your job is a good match with the NAFTA descriptions, it's usually easier to renew by re-entering the country.
Travel
One you have your I-94 (the paper they stapled into your passport), you can leave and re-enter the country whenever you want. You shouldn't need anything else. One thing to keep in mind is that if you leave on an international flight, clueless airline personnel may try to remove your I-94 (even though it's plainly stamped "Multiple Entry"). You can try to argue with them on this, but it may come down to not boarding the flight unless you give up the I-94. It's a good idea to make a copy of the I-94 and put it in your luggage so that if this happens, you can show customs the copy when you re-enter. They'll just give you a new I-94.
Taxation
If you're planning to live in the US for 2 years or longer, you do not have to file a Canadian tax return. The exception to this is the first year you move, since you presumably were resident and earning income in Canada for part of that year.
You also need to apply to Revenue Canada to be treated as a non-resident. To do this, you have to show them that it is your intention not to return for at least 2 years (short visits are still allowed). This means cutting ties with Canada -- you can't keep your house, you can't put your stuff into storage, etc.; you have to demonstrate that you have very few ties left with Canada. There is a form on Revenue Canada's web site that you have to fill out. For me, the only ties I had were a bank account, an RRSP loan, RRSPs and a Canadian credit card, and Revenue Canada accepted the application. I don't recall if I filled out that form the day after I moved, or if I submitted it with my tax return, so you should find that out now.
In the first year that you move, you will have to fill out two tax returns. This is complicated, and it certainly wouldn't hurt to find an accountant who understands the nuances of dual-return situations.
If I recall correctly, for your Canadian return, you declare the income you earned up until the day you left, and they calculate your tax liability using a pro-rated tax rate.
For your US return, it depends on when you arrived. If you arrived with less than 3 months left in the year, then your situation is different than if you arrived earlier. You need to do your research on the IRS site with respect to dual returns.
Family
Immediately family (spouse, children) are allowed to live in the US but not work. They will need TD visas, which they can get by showing INS your TN, their marriage certificate and for the kids, the birth certificate.
Miscellaneous
Re:I've had 6 TNs since 1999 (Score:3, Interesting)
Amen to that. A year and a half a
Re:I've had 6 TNs since 1999 (Score:1)
Re:I've had 6 TNs since 1999 (Score:2)
oh, boo hoo hoo (Score:1, Troll)
How would I go about finding a tech job in Canada?
Somewhat related (Score:1)
Could anyone share their experiences? IE, was it a big hassle to get a working visa, etc.?
canadian born US citizen with a question.... (Score:1)
I am a US citizen. However, I was born abroad in Canada. I have lived in the US most of my life. Only making the situation more murky, my father was a Canadian citizen at my birth (now a US citizen, and my mother was born in the US). I have considered obtaining a dual citizenship.
How do Canadian employers and schools view people with dual citizenship? All of my work experience is in the US. Are there any real benefits? (One person mentioned that showing a Canad
Re:canadian born US citizen with a question.... (Score:2)
Note, just because your father became a US citizen doesn't mean that he's not still a Canadian citizen. Some people may tell you that the US doesn't allow dual citizenship (this isn't true). Some others may also tell you that you are required to give