Canadians Working in America

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.

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.

yo2boy wrote: ↑ Do you have more information about this? Everything I read said no path to residency via TN.

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.

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.

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.

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.

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?

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)

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).

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).

B0000rt wrote: ↑ 250k in NYC is 155k after taxes Single
250k in NYC is 172k after taxes Married Filing Jointly

divx wrote: ↑ What is this tax rate? That is a lot of tax for not having universal healthcare.

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?

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)

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.