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can a H1 visa holder from Canada own a business in Canada?

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  • can a H1 visa holder from Canada own a business in Canada?

    I have a friend, who is a Canadian citizen. She and her husband are living and working here in the US with a H1 visa. I know a H1 visa holder canNOT be self-employed (own a business or be independent contractor) here in the US, but does anyone know if they are still allowed to own a business based in Canada while holding a H1 visa and being employed in the US?

    Thank you.

  • #2
    Re: can a H1 visa holder from Canada own a business in Canad

    What a person owns in another country is of no concern to CIS. However, working for that foreign company while in the US would not be allowed without work authorization.
    In addition, there are tax issues. Somebody on H1 who is more than 1/2 year in the US is a resident for tax purposes. That means that all income, worldwide, has to be reported on the US tax returns, and may be subject to US taxes. A lot of countries have tax treaties with the US to avoid double taxation, so income taxed in Canada would not be taxed in the US (up to a limit.)

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    • #3
      Re: can a H1 visa holder from Canada own a business in Canad

      Do my Canadian friends need special work authorization if the business they own is like a franchise (home business) with a company that is headquartered in the US but offers business franchise licenses to Canadians as well? Do they need work authorization from Canada and/or US to have this business while holding an H1 visa?

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