Canadian citizen - live in the US (last stage of green card) and work remotely for Canadian arm of a US company?

Forum|Forum|5 years ago
March 28, 2021
2 replies
33 views

This is a bit of a complicated question.

I am a Canadian citizen, living in the US as part of my adjustment of status towards obtaining a green card. I used to have employment authorization to work in the US which expired every year and I had to renew it to continue working. This was a standard process but currently due to Covid delays the renewal could possibly take a long time and I am unable to work in the US (but can continue living here). If I leave the country my green card application will be cancelled.

So I am looking at a scenario wherein I get hired by a US company with operations in Canada and ask them to employ me in their Canadian division with local salary which would make it a Canadian entity but with the possibility of working 'remotely from the US' since I am already residing here.

Would this be feasible and logically make any sense from the tax perspective? I am aware that any source income earned abroad has to reported to IRS. But not sure if that affects my stay and green card application here in the US.

Not A Product Question

DaveF1006

Level 15

Yes, but to clarify your position, are you already considered a resident alien for tax purposes and have a social security number or ITIN? Also, the income does need to be reported but you may need to check with immigration and naturalization to check how this will affect your green card application. We do not have knowledge or can comment on those matters.

How have you filed your tax returns in the past? Resident or non-resident?

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