Working for US company from Canada and getting paid in USA bank account

USA H1B Visa
1

Hi All,

I am currently in Canada on my PR (Permanet Resident). Also my work visa for USA got approved this year. I will not be able to get the visa stamped as US Embassy is closed due to Covid. Also I don’t have any other valid USA visa. So I cant travel to the USA
Can I work remotely from Canada for the USA company (For whom my Work visa is approved) and get paid in my US bank account (I have worked previously in the US on a diff visa and have a SSN).

Note: Just want to make sure I am legally alllowed to do so .

Thanks in advance.

2

You can work from anywhere if your employer is ok. However note that USCIS jurisdiction do not extend beyond US borders and H1B rules do not apply to an employee who is not present in the US.

This might be ok for very short term (<90 days), however it can have cross border tax compliance issues for long term remote employment. Canadian tax withholdings may apply if you keep working remotely for >90 days.

You should consult your employer’s HR to find out if they can generate US payroll and pay the salary in the US account. Also discuss how can health insurance be provided while you work from Canada.
You also need to consult with tax consultant/CPA to find out about tax implications.

3

Hi Kalpesh,

Thanks for the detailed response.

My employer is going to run US payroll and pay me in my US bank account. It is a not a full time position but a contracting one with a consultancy. I will be working for their client.

Do you know or can share any link regarding the Canadian withholding tax if I work for them more than 90 days from Canada.

Thanks

4

I would just do a paid consultation with a local CPA. Tax laws can be confusing and hard to understand. Also there are tax treaties between countries for double tax avoidance. If you are technical enough you can refer IRS website for tax laws as they apply to your case.