Salinas, CA asked in Immigration Law for California

Q: Can I work for a US company solely from (remotely) from home as a Consultant/ Independent contractor without a Visa?

I am a Registered Nurse working in the US for over 30 years and recently my job placed me on "Temporary Leave" due to Covid 19 until we can resume full time indoor opening. My TN Visa status then was revoked completely by US Border Control when applying for a New TN Visa for a secondary employment opportunity. I have also been hired by a local Non profit agency in the capacity of Consultant/ Ind Contractor but would only be able to do so without a Visa.. Is this possible? I have researched this and the possibilities as I will work from this position Internationally from Canada as well as the US due to its remote nature and patient assessment that is done all by phone. Please advise. Thank you so much ( I am waiting for Screening Document Processing of my Education, Etc before I can apply for another TN Visa for my Main Job)

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2 Lawyer Answers
Kyndra Mulder
Kyndra Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: NO. Working without authorization will jeapordize your ability to receive any further immigration benefit seek. Secondly, remaining in the USA without a visa may also jeapordize any further immigration benefit you seek.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: You will need to be in possession of a non- immigrant status that authorizes you to be employed in the U.S. if you remain in the U.S. to perform services.

You can return to your home country ( Canada) and perform the services remotely until such time that you can obtain the TN again.

Good luck to you.

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