# Working in USA on Canadian Working Holiday visa



## JimJams (Jan 11, 2010)

Wondering if anyone can help with my work situation, although I have the feeling that the answer will be no...

I'm over in Montreal, Canada on an IEC (1 year working holiday) visa and have been working with my employer for 2 weeks now. My employer is an IT consultancy company and I possess a unique skillset which one of their clients require. The client offices are based in USA and I've been asked if I am willing to go work on-site with the client.

As far as I know, working in USA is based solely on whether you are actually doing work in the country, regardless of whether you are employed by someone outside or being paid abroad... also since I am a UK citizen I am not entitled to a TN visa. My company also do not have offices in USA, and I have not worked for them for more than 1 year anyway.

I think that pretty much rules me out of being able to work in USA at the moment, but can anyone else think of anything else that may be of help? My guess would be that I would be required over there for several weeks to a few months...

I presume travelling over to the client office for meetings (say 2-5 days) would not be an issue? It may be possible to work remotely from Canada...

Thanks


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## Davis1 (Feb 20, 2009)

your right ...
no


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## JimJams (Jan 11, 2010)

Thanks for the confirmation.

Any idea what the situation is with going over for meeting etc? There are a few clients, some require on-site and some might be remote (therefore can work from the Canada office) but there will be a phase of discovery required to figure out exact problems/requirements. I'd say it'll be 1 week max, but maybe only 2 days...

I know there is something very specific around this to be able to do this, but do not know if you need a special require or need to be a certain level of management?

thanks


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## Bevdeforges (Nov 16, 2007)

It has been a few years now, but it used to be that you could enter the US on a VWP, stating that you were going for business and that you were going to be there for 2 days, or a week or two - usually to attend meetings or customer meetings, something like that.

I know I used to go to Canada now and then while working in the US and while I usually got questioned on entering - who do you work for? what sort of business are you doing? what does your company do/make? what is your job? etc. - it was mostly just a formality. I recall them being particularly interested in any "samples" you might be carrying with you. (I was an internal auditor, so no problem there.) And was I bringing in anything that I would be leaving in the country on my departure?

It might help to have a letter from your employer (on letterhead) stating that you are an employee and why you are going to be in the US for the requisite period of time.
Cheers,
Bev


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## twostep (Apr 3, 2008)

@@@Bev
OP is UK national on Work&Travel in Canada but is Canadian employer wants him to work in the US. He cannot work in the US.


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## Bevdeforges (Nov 16, 2007)

twostep said:


> @@@Bev
> OP is UK national on Work&Travel in Canada but is Canadian employer wants him to work in the US. He cannot work in the US.


But he should be able to cross into the US for a few days at a time to attend meetings, either at the employer site or the customer site. That's at least how I understood the question. 

The other option would be for the employer to look into getting him a B1 visa (which is what some companies use to allow their employees to attend training classes in the US).
Cheers,
Bev


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## twostep (Apr 3, 2008)

Bevdeforges said:


> But he should be able to cross into the US for a few days at a time to attend meetings, either at the employer site or the customer site. That's at least how I understood the question.
> 
> The other option would be for the employer to look into getting him a B1 visa (which is what some companies use to allow their employees to attend training classes in the US).
> Cheers,
> Bev


"a phase of discovery required to figure out exact problems/requirements" - that is neither a meeting nor training. He may get away with it or not. A big gamble if you have ultimate goals.


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## JimJams (Jan 11, 2010)

I presume, even as a UK citizen and assuming I was working for a UK employer then I would be allowed to enter the US for meetings?

Thanks for the input both of you, and as you say twostep, it is a bit of a grey area. It *may* be that I don't need to go, I don't want to jepordise any future entry to the US for sure. "Consulting with business associates" is one of the stated purposes of the B1 visa. I don't have any details of the project so can't judge whether or not this will be the case.

Visitor Visas - Business and Pleasure

Having looked at the B1 visa further, this mentions a B1 visa in lieu of H1B. I certainly meet the criteria.

B1 and B2 visitor visas

Any thoughts?


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## twostep (Apr 3, 2008)

JimJams said:


> I presume, even as a UK citizen and assuming I was working for a UK employer then I would be allowed to enter the US for meetings?
> 
> Thanks for the input both of you, and as you say twostep, it is a bit of a grey area. It *may* be that I don't need to go, I don't want to jepordise any future entry to the US for sure. "Consulting with business associates" is one of the stated purposes of the B1 visa. I don't have any details of the project so can't judge whether or not this will be the case.
> 
> ...


B1 versus H1B is not only grey but charcoal!!!
You are on W&T in CAN as UK citizen - applying for a B1. ... What do you plan to base the application on? Please no mouse-hole-scenarios because they have already been exhausted mainly by Indian dot.


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## JimJams (Jan 11, 2010)

twostep said:


> B1 versus H1B is not only grey but charcoal!!!
> You are on W&T in CAN as UK citizen - applying for a B1. ... What do you plan to base the application on? Please no mouse-hole-scenarios because they have already been exhausted mainly by Indian dot.


Yes, I understand the difference bet B1 and H1B, I have researched these options some years ago but in the end did not persue it due to the difficulty in getting sponsorship and having had no unique skills at the time.

I'm not sure what you are asking me here? I'm specifically asking about a "B1 in lieu of an H1B" visa type, not as a means of getting around H1B restrictions etc:



> In certain, limited circumstances the US Consulate may issue an employment-authorized B1 visa where the work to be undertaken would usually require an H1B visa. This provision is particularly applicable to situations where you may need a non-US company to send a member of staff to the US for a limited period in order to undertake specific projects for you, or where you wish to bring in an employee of an overseas subsidiary, affiliate or parent for a limited period.


I know that this was asked about a month a go by someone on the forum, but this was to get around an H1B restriction, which I am not looking to do. http://www.expatforum.com/expats/america-expat-forum-expats-living-america/126240-uk-software-engineer-b1-lieu-h1b.html

I am also aware that this visa has been under extreme scrutiny because there have been certain indian software companies that have abused the visa and as a means of getting around H1B visa quotas.

Here is more guidance from an official source: http://www.state.gov/documents/organization/87206.pdf see Section - 9 FAM 41.31 N11

I will investigate further, but my instinct tells me this could get messy and it may be best for a lawyer to deal with it - in which case it could become expensive, therefore not worth sending me over and better me train someone else to do it!

thanks


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## twostep (Apr 3, 2008)

Your instinct is a good guide - what you or your CAN employer plan to do according to you post here is a very far stretch of B1. Given your circumstances there might be a denial which will stay with you. Please play it safe!


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## JimJams (Jan 11, 2010)

I agree it's a far stretch of the B1 visa, but I think it's exactly what the "B1 in lieu of H1B" visa/subcategory was intended for - i.e. to work at a US client office for a foreign company for a set period of time on a specific project. Also bear in mind that a B1 visa can be obtained at the border and a "B1 in lieu of H1B" visa has to be applied for with certain bits of evidence in advance at the embassy and processed, so it will go through official channels for pre-approval. What I don't think I will be able to prove is ties back to originating country (Canada) since I have only been here less than a month and ultimately I am only here on a temporary visa anyway. I don't think they will look upon that with too much fondness!

Totally, totally agree it's better to play it safe in any circumstance anyway 

thanks.


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