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TN Visa Holder Can’t Come To The US During Coronavirus? Hire Them Remotely In Canada Instead, Through A PEO

With nonessential travel prohibited between Canada and the US, companies that were anticipating Canadian nationals on TN visas to move, set up a life, and start working are now finding themselves short-staffed.

Many of these companies, particularly tech companies are still operating, albeit remotely, during the COVID-19 pandemic.

And while this may not be a problem for folks who live in the US, Canadian nationals can’t simply log in and start working for a US company remotely while still in Canada.

This is a dilemma few could have foreseen, but it has become a reality for many companies. So what’s the solution?

Hire that person in Canada lawfully through a professional employer organization, or a PEO.

What’s a PEO?

According to the National Association of Professional Employer Organizations (NAPEO), “Professional employer organizations (PEOs) provide human resource services for their small business clients—paying wages and taxes and often assisting with compliance with myriad state and federal rules and regulations.

In addition, many PEOs also provide workers with access to 401(k) plans, health, dental and life insurance, dependent care, and other benefits not typically provided by small businesses.”

PEOs like Syndesus normally operate by sourcing talented Canadian professionals, often software engineers and other IT workers, and helping US-based companies hire those professionals in Canada without having to open and operate a full-on Canadian legal entity.

So, e.g., if a small tech startup based in Seattle wants to hire a top-notch artificial intelligence expert in Vancouver but doesn’t have the resources, or frankly the need, to open up an official office in Vancouver, they can go through a PEO. The PEO then becomes that individual’s legal employer, though they technically work for the Seattle-based startup.

That’s a normal PEO scenario, but these are not normal times.

Today, US employers now working remotely are forced to either wait for the COVID-19 pandemic to subside, US-Canada borders to open and their TN workers to finally come into the US to start work, or go through a PEO to hire that worker in Canada and have them start right away.

A PEO provides flexibility during unstable times

PEOs can provide flexibility during these uncertain times by enabling US employers to hire Canadian workers at home on a monthly basis.

Sure, typically PEOs work with US employers who simply want to hire a Canadian worker full-time with no intention, at least initially, to have that worker move down to the US But these employment contracts typically last years.

It turns out, however, that if a US employer wants to hire a Canadian worker for just a few months, PEOs can make that happen too.

Imagine this scenario. A Canadian accepted an offer to work at a US-based startup and was supposed to start on March 30th, 2020.

The employer applied for a TN visa and it was approved, and the candidate was simply supposed to cross the border, enter the US, find a place to live, and start work.

Now, in light of the coronavirus pandemic, the borders are closed for the foreseeable future (could be a month or could be 6 months) but the employer still wants that candidate to start working. This is when they would contact a PEO.

The PEO would work with the employer to get the Canadian set up to start working right away, lawfully. The beauty of this arrangement is that it can be temporary – spanning as many months as needed – or, if even after borders open up both parties want to keep the candidate in Canada, it can be permanent.

This kind of flexibility is turning out hugely important, allowing employment, and thus economic activity, to continue at a time when individuals are being furloughed or even losing their jobs.

Is your TN candidate stuck in Canada? Employ them through Syndesus

Since 2014, Syndesus has remotely employed Canadians to work for US companies. In light of the current situation, Syndesus can employ Canadians who are waiting for their TN visa or waiting for a safe time to travel to the US

We provide the legal ability to work remotely from Canada and start immediately with a US employer.

This allows the US company to move forward with employing the Canadian whose US immigration status, or ability to move to the US, is on hold. And it allows the Canadian worker to join the company and begin working remotely until it is safe to cross the border.

Syndesus can facilitate short-term employment of workers in Canada for US companies.

If you want to learn more about how Syndesus can help you get that Canadian worker up and running, book a free consultation to discuss your situation, or visit our website to learn more.