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Canadians Working in America

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  • Feb 14th, 2022 9:48 am
Sr. Member
Sep 28, 2013
803 posts
572 upvotes
B0000rt wrote: Get hitched, get her on TD Status, move down, and have your newly wed wife not work. The married filing jointly income tax brackets are VERY advantageous in the states.

250k in NYC is 155k after taxes Single
250k in NYC is 172k after taxes Married Filing Jointly


Amex Global transfer is great advice, used this for my first cc when I moved down.

H1B is not a requirement to apply for Green card. I've had a few friends who have gone directly from TN to Green card, now that they're renewable in 3 year terms, instead of the previous 1 year.



If the company doesn't already have any Canadian presence, they will definitely not go through the hassle of setting up jurisdiction in Canada just to hire the OP.


And OP, Congrats on the job offer.
The TN is not a dual intent visa so you can't go straight from TN to green card based on what my lawyer told me.
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Mar 3, 2012
3444 posts
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GTA
B0000rt wrote:
H1B is not a requirement to apply for Green card. I've had a few friends who have gone directly from TN to Green card, now that they're renewable in 3 year terms, instead of the previous 1 year.
Do you have more information about this? Everything I read said no path to residency via TN.
I love RFD! :)
Member
Jan 12, 2011
272 posts
191 upvotes
Toronto
yo2boy wrote: Do you have more information about this? Everything I read said no path to residency via TN.
You can't have immigration intent at the time when you apply for TN. Once you have the status, it is valid for 3 years. During that time a company can still sponsor you for GC. Once either your I140 or I485 is filed you won't be able to renew your TN since one or both of those carry immigration intent. But if the whole process is done before your status expires then you can get through it.
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Oct 25, 2003
9254 posts
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angrybanker wrote: The TN is not a dual intent visa so you can't go straight from TN to green card based on what my lawyer told me.
yo2boy wrote: Do you have more information about this? Everything I read said no path to residency via TN.
https://citizenpath.com/tn-professionals-adjust-status/

I recall my friend saying she waited 3 months to Adjustment of Status.

I could ask for the lawyers contact information if you guys are TN and are looking for a direct path to GC.

Let me know
Member
Jun 27, 2007
289 posts
195 upvotes
California
angrybanker wrote: The TN is not a dual intent visa so you can't go straight from TN to green card based on what my lawyer told me.
Not being 'Dual-intent' only means that once you apply for your Adjustment of Status (for Green Card), you can no longer renew your TN if it expires or you cannot re-enter the country on TN (you have to wait for your EAD/AP during the GC process).

Otherwise you can definitely go from TN to GC; the issue is that many companies have been advised it's too risky (e.g. you want to leave for a family emergency during the process, before getting your EAD/AP). I was literally about to start mine at the beginning on the month (marriage GC), but I got selected for H-1B first.
Sr. Member
Sep 28, 2013
803 posts
572 upvotes
Interesting, I thought if you held a TN, you'd either have to switch to an L1 or other dual intent, marry a citizen or leave the US for consular processing.
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Nov 15, 2016
515 posts
441 upvotes
cnfjti3 wrote: You should consult a lawyer and accountant before doing this. While it might not matter much to your new team or manager, the company itself has to worry about where you live to ensure they are filing your obligated tax requirements, as well as uphold local laws, regulations, and compliance around your employment.

If your permanent place of residence is in Canada. They might have to hire you out of their Canadian corporate entity, or pay you as an independent contractor.

Either way. Check with your assigned lawyer and accountant.
Minor caveat to this point, there is actually 3rd option that most are unaware of. As someone whose going through working for a US remote company, but based in Canada, your options are:
1. Hire out of a Canadian HQ (rare if they don't have one, they won't make one)
2. Hire as Independent Contractor (most common and easiet, however all risk is on Contractor as Company won't attempt to file taxes/treaty letter with Canada)
3. Hire out of US HQ, but HR/Payroll is through a PEO (professional employment organization such as Ceredian / ADP). PEOs act as a common ground to abide by tax/laws for the US based company and are the intermediary for payroll/HR. A very common scenario for US based companies (Personally, am setup as #3)
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Nov 6, 2010
9966 posts
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Montreal, QC
fr33style wrote: Not being 'Dual-intent' only means that once you apply for your Adjustment of Status (for Green Card), you can no longer renew your TN if it expires or you cannot re-enter the country on TN (you have to wait for your EAD/AP during the GC process).

Otherwise you can definitely go from TN to GC; the issue is that many companies have been advised it's too risky (e.g. you want to leave for a family emergency during the process, before getting your EAD/AP). I was literally about to start mine at the beginning on the month (marriage GC), but I got selected for H-1B first.
cnfjti3 wrote: You can't have immigration intent at the time when you apply for TN. Once you have the status, it is valid for 3 years. During that time a company can still sponsor you for GC. Once either your I140 or I485 is filed you won't be able to renew your TN since one or both of those carry immigration intent. But if the whole process is done before your status expires then you can get through it.
Interesting thanks for the overview!

If that's the case though...I wonder why so many people who are on other non-immigrant work visas clamor so much for the H1B visa that they needed to cap that one with a lottery?
Member
Jun 27, 2007
289 posts
195 upvotes
California
uber_shnitz wrote: Interesting thanks for the overview!

If that's the case though...I wonder why so many people who are on other non-immigrant work visas clamor so much for the H1B visa that they needed to cap that one with a lottery?
For Canadians (and Mexicans), I would agree we have a significant advantage - there's so many categories allowed for TN that requires much less work than the H-1B process.

Other countries - probably not so much. There's pretty limited realistic options outside of H-1B:
L1 visa - only if transferring within the same company
F1 visa with OPT - only if you're a student, which likely needs H-1B after
O1 visa - rare, but possibly if you're like a PhD graduate with multiple publications and letter of references

I just got my H-1B approval (took 2 days!); I didn't mind staying on TN but given the firm dragged their feet, I probably would've requested to renew my TN again before applying for my GC (so my authorization wouldn't expire mid-process).
Member
User avatar
Sep 30, 2020
273 posts
314 upvotes
Toronto
Toad99 wrote: Minor caveat to this point, there is actually 3rd option that most are unaware of. As someone whose going through working for a US remote company, but based in Canada, your options are:
1. Hire out of a Canadian HQ (rare if they don't have one, they won't make one)
2. Hire as Independent Contractor (most common and easiet, however all risk is on Contractor as Company won't attempt to file taxes/treaty letter with Canada)
3. Hire out of US HQ, but HR/Payroll is through a PEO (professional employment organization such as Ceredian / ADP). PEOs act as a common ground to abide by tax/laws for the US based company and are the intermediary for payroll/HR. A very common scenario for US based companies (Personally, am setup as #3)
Agreed on #3. One of my buddies had started working for a U.S.-based company (IT field) that's been hiring many Canadians, and as such that they did away with option #2 (when there were only a handful of Canadians, that was what they did) and starting last year implemented a PEO/EOR organization setup to handle appropriate Canadian taxes, payroll, forms, etc.
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Nov 6, 2010
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Montreal, QC
fr33style wrote: For Canadians (and Mexicans), I would agree we have a significant advantage - there's so many categories allowed for TN that requires much less work than the H-1B process.

Other countries - probably not so much. There's pretty limited realistic options outside of H-1B:
L1 visa - only if transferring within the same company
F1 visa with OPT - only if you're a student, which likely needs H-1B after
O1 visa - rare, but possibly if you're like a PhD graduate with multiple publications and letter of references

I just got my H-1B approval (took 2 days!); I didn't mind staying on TN but given the firm dragged their feet, I probably would've requested to renew my TN again before applying for my GC (so my authorization wouldn't expire mid-process).
Makes sense, I just always assumed that H1B's main appeal was its dual intent status so it's surprising to me that temporary work visas could also apply for GC/PR. I have Canadian and Mexican friends who went or are going the H1B route.

I got H1B approval as well this year so I'm going down that route but I didn't realize I could've just gone straight for PERM from my TN (not that it added anything the immigration team are doing both in parallel).
Member
Jun 27, 2007
289 posts
195 upvotes
California
uber_shnitz wrote: Makes sense, I just always assumed that H1B's main appeal was its dual intent status so it's surprising to me that temporary work visas could also apply for GC/PR. I have Canadian and Mexican friends who went or are going the H1B route.

I got H1B approval as well this year so I'm going down that route but I didn't realize I could've just gone straight for PERM from my TN (not that it added anything the immigration team are doing both in parallel).
Yeah, my personal experience is that your company may not be willing to go from TN - PERM - GC based on the advice of their law firm, maybe it was the same for you?

The first company I worked for in the US was willing to apply from my TN (but I didn't want to at the time). When I switched companies, HR told me I couldn't apply for GC from TN (I knew it wasn't true). When I pressed them they admitted it was possible, but they didn't want to (e.g. additional risk of me having to stay in country for up to a year). This year, they were OK with applying for marriage GC from TN, likely because you get to aroid the PERM process.
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Oct 26, 2003
37696 posts
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Winnipeg
Are you travelling back and forth every month? That seems a lot of work, not sure how living arrangement will work for you, maybe hotel will do and you be driving back and forth I assume?
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Oct 26, 2003
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Winnipeg
B0000rt wrote: 250k in NYC is 155k after taxes Single
250k in NYC is 172k after taxes Married Filing Jointly
What is this tax rate? That is a lot of tax for not having universal healthcare.
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Sr. Member
Feb 19, 2017
927 posts
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divx wrote: What is this tax rate? That is a lot of tax for not having universal healthcare.
-social security tax (equivalent to cpp) has a much higher cap ($140K) than Canada
-medicare (partial universal healthcare for 65+) has no income limit
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[OP]
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Mar 15, 2005
5736 posts
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divx wrote: Are you travelling back and forth every month? That seems a lot of work, not sure how living arrangement will work for you, maybe hotel will do and you be driving back and forth I assume?
Will be flying down probably every third week and staying in hotels. I assume each trip will cost around $1500 CAD. I used to work for the NY office of a Canadian bank and travelled down there frequently so I am familiar with the area, hotels, costs and more and have a nexus card to clear security fast (though not sure if that is still an option during covid)
Member
Jan 12, 2011
272 posts
191 upvotes
Toronto
Ziggy007 wrote: Will be flying down probably every third week and staying in hotels. I assume each trip will cost around $1500 CAD. I used to work for the NY office of a Canadian bank and travelled down there frequently so I am familiar with the area, hotels, costs and more and have a nexus card to clear security fast (though not sure if that is still an option during covid)
I think it's even faster without global entry now. I just crossed recently and my airline recommended for me to arrive 3 hours early. What a load of crap that was, there was no security line, and no customs line. I didn't have global entry updated but apparently it's even faster without global entry because you don't have to fill anything out on the machines anymore. You can go directly to the officer and give them your paperwork. I was through in 5 min.

YMMV I guess. That was on the weekend. But with essentially nobody traveling I'm going to guess it's usually not busy.
Jr. Member
Oct 22, 2020
111 posts
91 upvotes
I hope you are aware that normally, i.e pre-COVID, that work physically performed in Canada for a US company will normally be reported as Canadian income and not US income? This has various taxation implications / complications. This was waived for the 2020 tax year for commuters. No word yet on the 2021 tax year.
[OP]
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Mar 15, 2005
5736 posts
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kelaaa wrote: I hope you are aware that normally, i.e pre-COVID, that work physically performed in Canada for a US company will normally be reported as Canadian income and not US income? This has various taxation implications / complications. This was waived for the 2020 tax year for commuters. No word yet on the 2021 tax year.
Yes I am aware.

As stated earlier in the thread I expect I will have to pay my US cut first, use that as credit with the CRA and then file the remaining portion with them
Jr. Member
User avatar
Dec 25, 2017
192 posts
15 upvotes
Ottawa
How hard it is to change the status from TN to Eb-2 if the OP mee the requirements .

I came across a website that says
Your text to link here...

I went to uscis website on one of the eligibility criteria is
Your text to link here...
A license to practice your profession or certification for your profession or occupation
( I do have P.eng License from Canada)

Will this process makes it easy for the OP to change to status to EB-2 for GC processing?

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