Legal Question in Immigration Law in Colorado

Hi - I'm a Canadian who recently moved to Colorado to interview for a job working as a contractor for an energy trading company. They'd like to hire me (as a Canadian business, I own a company) to trade for them. My company would bill them monthly and report to the Canadian government for tax filing as per usual.

I'd like to make sure that I can do this, and rent an apartment in Colorado so that I can be at the office, without breaking any immigration / border rules. My Canadian tourist visa allows me to be stay here for 6 months at a time, and is renewed as soon as I step over the border.

Can I do this legally? Or do I need to apply for a work permit / get sponsored in order to work here with this arrangement?


Asked on 12/10/13, 1:19 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Your situation is far too complex for this type of forum.

However,you cannot live & work in the United States without the proper visa.

The business being headquartered in Canada, as well as being paid as an independent contractor, does not allow you, or the other company, to avoid U.S. immigration laws. Now, if you were living in Canada & engaging in work for the U.S. company while in Canada, that is a different story.

Depending on your job description & your education level, you might want to consider a TN visa. Or, alternatively, an E visa (treaty trader or investor).

I highly advise that you contact an experienced Immigration Attorney, well versed in business immigration, directly.

Good luck!

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Answered on 12/11/13, 10:27 am


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