Can Canadians work remotely for US employers? - Border Solutions Law Group (2024)

FAQs

Can a Canadian citizen work for a US company remotely from Canada? ›

A dependent visa is not a work visa. Yes you can work for a Canadian company in Canada, while you're in the United States. You can also remotely work for a U.S. company if you are in Canada !

Non-US citizens can work remotely for a US company from their home country or anywhere in the world if they have consent from the hiring company, follow local visa laws, and pay taxes in their country of tax residence.

Legally, a foreign national cannot live and work remotely in the United States without work authorization.

Canada offers various programs for individuals who wish to immigrate, each with its own set of requirements. The most popular immigration programs for remote workers are the Express Entry system and the Provincial Nominee Program (PNP).

The 183 day rule states that if you spend less than 183 days in Canada in a calendar year, you are not considered a resident for tax purposes. This means you do not have to pay Canadian income taxes on your worldwide income. Instead, you only pay tax on income earned in Canada.

Professional Employers of Record (EORs) hire employees on behalf of global companies and take on HR and payroll responsibilities for them. The EOR handles onboarding, offboarding, payroll, and benefits, making it possible for companies to hire international remote workers without opening a local subsidiary.

Can I get a work permit or some kind of residence status to stay in Canada working remotely for a Canadian company? If you would like to work in Canada, for a Canadian company, and be on a Canadian payroll, you need to have a work permit, or be a permanent resident or citizen of Canada.

If you're working as an employee, you'll need to ask permission from your employer if you can work remotely from a different location or abroad. In both cases, you'll usually require a work permit if you're not a citizen of that country.

Hour laws. The Department of Labor (DOL) considers remote work the same as onsite work when it comes to the FLSA. Employers must pay for all hours that they know or have reason to believe were worked, even unscheduled hours, as long as they've been approved.

Canadian citizens are allowed to work in the United States, but they are required to obtain a United States work visa before they can legally work in the United States or take a job. There are several types of work visas that Canadian citizens can apply for, including the H-1B visa, L-1 visa, and TN visa.

Can you commute from Canada to the US for work? ›

1. Understanding Commuter Status. Commuter status is an administrative grant allowing LPRs residing in Canada or Mexico to work in the United States without jeopardizing their permanent resident status. This arrangement recognizes the unique geographical and economic ties between the U.S. and its neighboring countries.

As part of its Tech Talent Strategy, Canada is allowing digital nomads to come to the country for up to six months and work remotely in tech roles.

As a non-resident in Canada, you're required to pay Canadian tax only on Canadian sources of income. But under the income tax treaty between Canada and the US, you may be able to avoid Canadian taxation on exempt income and may apply for exemption on withholding of tax from Canadian sources.

W2 Form – Wage & Tax Statement

W2 forms are issued to anyone that earns US employment income. Canadian residents should enter this as a foreign slip, indicating foreign employment income from the W2 box 5, which will report to line 10400.

You will need a job offer from a U.S. employer and meet specific educational and experience requirements. E-2 Visa: If you plan to establish your own business in the U.S., you may consider the E-2 Treaty Investor visa.

Citizens of Canada and Bermuda do not need visas to enter the United States as temporary workers. These applicants do need a temporary worker petition approved by USCIS.