My husband and I are Canadian citizens. I am going to be studying in California under the F1 Visa. Both my husband and my daughter have received authorization for F2 visas. My husband is an IT professional and is currently working in Ontario. The Ontario company is permitting him to telecommute while we are in California. This Ontario company has no presence in the USA. Does he need any additional visa or permit to do this? Thanks.
State/Country relating to question: California
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
This is a gray area because it takes a long time for Immigration laws and court cases to catch up with the developments of living and technology.
So, if your husband's company has no US office there is no way they can petition him for a Work Visa. He can only get a work visa from a US employer.
If his Canadian employer does not have any US clients/customers and your husband's only connection to the US is his physical presence but he is providing services outside the US through an internet connection I do not believe he would be engaging in unlawful employment. There is no US employer, no services being provided to a US entity and the employer has no connection to any US client base.
Again there is no official USCIS policy guidelines on this and there has been no case taken to litigation for a court decision on this issue.
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