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 My TN Visa status then was revoked completely by US Border Control when applying for a New TN Visa for a secondary employment opportunity.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)

Related Topics:
2 Lawyer Answers
Kyndra L Mulder
PREMIUM
Kyndra L 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.