Immigration Law Questions? Ask an Immigration Lawyer.
Hello, welcome to JustAnswer, my name isXXXXX you for this opportunity to answer your questions.
I will address each of these questions individually. However, I do not see this as being employed in the US because you are not physically present in the US. Telecommuting is not being employed in the US for immigration purposes. Your body, your person has to be physically present in the US for you to be considered to be employed in the US.
In this case, you are not working within the US by using an electronic communications.
1. Can a Canadian citizen work from Canada by telecommuting to a US company based in USA which does not have office in Canada?
Yes, your work place would be your home.
2. Do I need any kind of visa (say TN) for telecommute work from Canada for USA company?
No because you are not working in the US.
3. Do I need to have a US Social Security Number, US bank account etc to get my payment?
I would imagine you have say banks such as Chase, Citibank, Bank of America, etc branches in Canada and you could probably set up an account there and have your pay through automatic deposits.
You will need to check with the banks there in Canada. Or the paycheck can just be snail mailed to you in Canada.
4. How the company will pay me if I am full time employee for the company but resides in Canada?
They could pay you as an independant contractor without benefits.
You cannot get a US SSN because you are not working in the US.
5. In case if I need a TN visa, can I stay in Canada without going to USA and work for the company?
A TN status is only to work in the US by being physically present. You are not working in the US.
6. For the tax purpose, am I filing my main tax as Canadian resident or US resident even though the company is in USA but I only work from Canada?
You will need to ask that question of a tax expert.
7. If full time does not an option, can I ask for contract option and still work from my home from Canada? I have something called Sole proprietorship in Canada?Absolutely, that would be the best arrangement for you to be an independant contractor and have the contract through your sole proprietorship.
That way you are totally responsible for your taxes in Canada.
* what is the the easiest way for a Canadian citizen do telecommute IT job, from Canada, for a US employer which does not have office in Canada? As an independent contractor and not as an employee.
* We tried few options like working through a company named PeoCanada, that manages payroll and benefits for Canadian employee of US company, they are a bit expensive if only one or two employee works from Canada. Do you have other suggestios?No, see above.
*What are the tax implication? You need to contact a tax expert and post that question on the tax forum.
*What needs to be done on employer side like what are the paper works for telecommuting workes needs to have?A contract.
*Can the employee apply for TN visa and then w/o going to USA stay in Canada and work from canada? NO, you need to be physically present in the US to be working on a TN. The law requires you to be admitted into the US.
*For TN how to write the job offer letter?
Letter of Employment in the U.S. Additionally, the applicant's employer in the U.S. must provide an employment letter that includes the following:
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I'm sorry, I am not a tax expert and cannot answer that.
You will need to post that question as a new thread on the Tax Expert category.
That is an IRS question which is a tax question. It has nothing to do with immigration law. Tax forms are under the expertise of the tax expert and the W-9 is a tax form
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