Legal Question in Employment Law in Canada

Hire a freelance data entry worker from Canada

I am a Independent contractor my self and the project need a lower rate data entry worker. I know a gal currently in Canada and very trustworthy, What I need to do to pay her and report to IRS?


Asked on 1/09/07, 3:05 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Hire a freelance data entry worker from Canada

First of all if this "gal currently in Canada" is not a citizen or lawful permanent resident of the U.S., she would have to obtain an appropriate visa which would permit her to enter the United States to work here.

The kind of visa which would likely be applicable to her situation would be a nonimmigrant(labor certification) visa known as an H1B. In order to secure this visa, you as her prospective employer would have to sponsor her application for this H1B visa. However, as part of this application process, you would also have to show(among other things) that your prospective employee has finished a course of higher education amounting to a college degree (or its equivalent in work experience)and that there is an insufficient pool of American workers from which to draw suitable (reliable and trustworthy)applicants for this "lower rate data entry" position, as you've termed it.

I think that you would have some difficulty is demonstrating the above in your sponsoring application for this worker in Canada and, perhaps, had better think of another way to bring this "gal currently in Canada and very trustworthy" to your doorstep here in the United States. The H1B visa described above will not likely

work as her ticket into our country from our neighbor to the north.

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Answered on 1/10/07, 9:00 am


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