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Pleads
Jun 9, 2005

pew pew pew


How does it work if I have a Canadian job that I intend to keep and work remotely?

My common-law girlfriend is likely going to the US for 1-3 years to complete an internship or residency. My current job is already a remote position (with a Canadian company, though they have an "office" [PO box mailing address] in the US and a few remote US employees), and I'm fairly certain I could keep it regardless of where she ends up getting placed.

I tried looking through the available visas and none seem to really fit the situation, I wouldn't be moving to the US for a job since I already would have one, and I'm not sure how or if common-law status applies to some of the spousal stuff.

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Pleads
Jun 9, 2005

pew pew pew


How do I go about trying to get "Secretary of Labor" approval for a visa?

My common-law girlfriend is moving to LA from Canada for a veterinary internship, so she gets a TN visa from that (I believe).

I was planning to move with her. I have a job with a Canadian company and work remotely, and can continue to do so from LA. Normally I understand moving to the US to get a job is basically impossible, but I saw a caveat for TN status mentioned that seems to fit my description here

quote:

(A) Labor certification.-

(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-

(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

Since I'd be keeping a Canadian job and just looking to pay taxes, it seems to fit. But I have no idea how to try to get that certification, since all the TN instructions are to just show up at a port of entry and that's a pretty risky move (especially since I will likely be entering in Maine while trying to drive to LA, with two cats in the car).

Do I have to try to get to an embassy/consulate to talk with someone?

Pleads
Jun 9, 2005

pew pew pew


Well that sucks, but thank you.

My company does have some workers in the US (AFAIK they are all US citizens, just working remotely), but they have an "office"/mailing box in the US on the West coast. Maybe I can get "transferred" there to start/head up some West coast department due to my somethingsomethingsomething.

Ugh.

Pleads
Jun 9, 2005

pew pew pew


Ashcans posted:

This is assuming that you are in a TN-eligible profession, and have a degree that works. But its a lot closer to possible than my previous post. :v:

Nope and nope :haw: I've been working for them for near-5 years now and have probably the deepest knowledge of how things work in the department (by virtue of everybody else quitting), but neither my position nor education fit the NAFTA list. Maybe if I'd known ahead of time I could have pushed for a PMP certification and had a better chance.

The only other option I've found is L-1B but I doubt the company is going to want to open a real office and I doubt "home office" qualifies for the visa. Otherwise everything else qualifies.

Pleads
Jun 9, 2005

pew pew pew


Been digging around and L-1B looks to be the best bet; I think I was a bit off in that it does not require a new office, which helps a lot. We already have an established presence in the state I'd be moving to, as well as a large concentration of our clients being based there, and I have probably the most specialized knowledge in the company outside of our software department (thanks, employee attrition).

Ideally the company's lawyer would be doing the work and it wouldn't cost me anything :haw: Going to meet with the operations director this week and likely escalate to the CEO. The L-1B process will be much cheaper for them than trying to train a replacement + the lost capacity during said hiring/training process, plus they've already lost a bunch of people in our department so they'll be a bit desperate.

Thanks for all the suggestions! If it ends up going forward I can share any experiences with the process so anyone else in a similar situation has some idea of how it goes.

Pleads
Jun 9, 2005

pew pew pew


Apparently I can get around that pesky immigration visa thing by filing a closer connection exception for taxes and basically being a snowbird.

Pleads
Jun 9, 2005

pew pew pew


So while my stupid work situation figures itself out, I will be travelling from Canada to the US for at least the month of July.

My girlfriend is flying ahead of time (PEI to California) to meet her start date on her TN-1 (veterinarian) internship. I'll be driving shortly after in her car, with her 2 cats, a few things we aren't selling from our apartment, and enough of my clothes for the month.

My question is how the best way to declare all this stuff works, and what forms I can/need to fill out ahead of time.

I'll be arriving at the border between New Brunswick and Maine. My license will be Prince Edward Island-issued. I'm not sure what stuff they have on file at the border but I'll be changing my residence to my mom's place in Ontario until my work stuff figures itself out and I know if I can stay in the US or return to Canada.

The variables:
Me: Planning on on the usual easy 90-day visa. I don't have a set departure time from the US; we're attending a wedding in Hawaii late in July and by that point I'll know what's going on with my job and whether or not I'll be getting a work visa in the US. If not, I'll be returning to Ontario to sort things out.
The car: Hers. Last time I drove it across the border (Det/Windsor) I just had a notarized letter giving me permission.
The cats: Hers. She's their vet, they'll have full papers for vaccines, etc.
My clothes: Mine, fitting in a suitcase. Assuming it won't be an issue as part of the visitor visa.
The stuff: Trying to minimize this as much as possible, it will likely be a small box of glasses/mugs, a box with vet text books and some other misc, and maybe one other box of clothing and things.
Misc: There'll also be some odds and ends card stuff like an impact wrench/car jack, does that stuff get specifically declared if it's related to the car coming in?

The form I'm looking at right now is 3299, which seems to be aimed at moving companies bringing things across but is worded such that I think it fits our situation, too (someone other than the owner declaring items to enter the US on a permanent/temporary basis).

Otherwise I just plan to explain the whole messy situation to the border guy and hope it makes sense.

Any guidance would be appreciated, this is a terrible clusterfuck from my perspective.

Pleads
Jun 9, 2005

pew pew pew


Powerlurker posted:

If you're a Canadian citizen, you should be getting 180 days, not 90.
Is that how long it is? Even better.

Ashcans posted:

I really wish that I could help you here, but as dumb as it sounds customs stuff is actually a whole different thing from immigration. :v:
Of course it's not that easy :v:

One of my friend's friends is a border guy apparently. Allegedly, in addition to the 3299, I need a copy of my girlfriend's passport, and a copy of her work authorization. I can copy her job offer right now, but she won't be getting the TN-1 visa until the day before I leave. Please tell me they give her a paper slip or a passport stamp she can scan and send to me before I reach the border...

What a shitshow!

Pleads
Jun 9, 2005

pew pew pew


If I'm a Canadian citizen who shows up at the US border with a contract of employment for a US company, do I get a visa?

I work for a Canadian company who also exists in the US, and the goal is to move to the US but continue working for said company (by becoming an employee of Company USA).

From what the CEO and CFO have told me in our discussions, they have done this with a few other employees:

-One somehow stayed employeed with Company Canada, working remotely in the US. I'm not sure but I think she may have moved down there with her husband, who potentially had a more concrete reason to move down and thus obtained the visa that way
-One who did become an employee of Company USA in order to continue to receive health coverage

CFO has also just done this in the path (show up at the border with a letter) but was a physiotherapist at the time so I suspect she got in with a TN visa. My profession is not on the NAFTA list for that.

In my searching, the only business visas that seem to fit the situation are the L-series, but those sound like the company has to first initiate the process and get everything approved prior to sending the employee down.

Am I misreading how those visas work or have I missed some other option that would work more easily for everyone?

e: Looks like I missed how NAFTA factors in to L-1B applications for Canadians!

Pleads fucked around with this message at 20:08 on Jun 13, 2016

Pleads
Jun 9, 2005

pew pew pew


Thoughts on the large "USA EXPRESS VISA DOT COM" services vs a named law firm for processing more complex applications? It looks like it'd be around $3,500 CAD for an L-1B application from the "big box retail" equivalent vs $6,000 USD from a named firm one of our local contacts referred us to.

The forms themselves obviously don't change. It's likely the attention to detail in the supporting letters and things like that where the difference would show, right?

Pleads
Jun 9, 2005

pew pew pew


Ashcans posted:

Yea, pretty much.
Awesome, thanks for the details. That all makes sense.

Hopefully not too complicated a case, the ownership/subsidiary part is straightforward. The complication comes from 2 things, really. 1) the US employees all working from home offices in different states, but it sounds like leasing one of those business suite locations for a time period can help with having a physical office location for the application. 2) the specialized knowledge is from years of working in the company in a position that doesn't output things like presentations or products (services-side of a software company). The easier stuff will be showing advanced knowledge on some of the back-end software that has actual code that can be printed and shown and explained. Harder stuff is showing how the experience factors in to the project management process, vendors, administrative things (apparently our version of SAP is customized which will hopefully help).

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Pleads
Jun 9, 2005

pew pew pew


Got my L1-B :toot:

Initially denied at airport customs because neither my application nor supplemental letter had the length of time I was applying for. "Wrong version sent to clerk to print and I did not see it when signing," said the lawyer, who is reimbursing rebooking fees for the flight I missed.

Few more weeks of SSN/employment bureaucracy and one last trip back over the border to get my car and drive down, and the long nightmare is over.


Has there been any word on the impact to existing NAFTA visas (thinking TN-1 specifically) if Trump ends up pulling the US out entirely?

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