Dear Canadian Actor, the O-1B Visa could change the course of your career as you work on both sides of the border. Working as an actor in both Canada and the U.S. is no cakewalk. I completely understand the struggles you may face.
Over the years, I’ve personally gone through several accountants, spent hours upon hours researching online, and endured sleepless nights. I’ve even had to make tough decisions – turning down work, deciding how and when to exchange currencies. Amidst all this, I had no idea just how important understanding the O-1B Visa truly was.
You may already be working in Los Angeles, or perhaps you’re preparing to move there. One topic you’ll find almost no one talking about is the impact an American work visa can have on your finances back in Canada. This is especially true if you’re juggling opportunities on both sides of the border.
In this short and candid letter, I won’t discuss finances in-depth (even though it’s an admittedly riveting topic). Instead, I’ll shed light on a key, often overlooked aspect of how your contributions to the American economy could directly impact your O-1B Visa renewal process.
Working as an Actor in the U.S.
While performers have access to various visas to work legally in the United States, the most common ones that actors use are the green card (EB-1) visa and the O-1B visa.
The EB-1 Visa
The EB-1 visa, which is an employment-based green card, is an immigrant visa. This means that if you keep it long enough and don’t break the rules, you can eventually become an American citizen.
A green card isn’t simply a permit to work in the United States, however. It is a privilege that comes with responsibilities. How so?
When you receive an EB-1 visa, you automatically become a lawful permanent resident (LPR) of the United States. As such, you are expected to contribute to the American economy. How?
By getting hired in the United States, filing taxes there, and creating economic ties with the United States.
Although this is not a written rule, the expectation is implied. In fact, if you leave the U.S. for more than six months, your LPR may be revoked. In other words, the green card isn’t just a get-in-free card. It has some strings attached.
One way to think about this is to reflect on the process of legal immigration as a whole: Why do countries do it? The single major benefit of bringing people in is to boost the country’s economy.
The O-1 Visa
The O-1B visa, commonly referred to as the O-1, does not provide a path to citizenship, nor does it grant permanent residency in the United States. Instead, it’s a non-immigrant visa that grants its beneficiary (the actor) the status of a temporary worker.
Even if this visa severely limits employment opportunities in the United States, the American Government is still looking for a return on its investment. Again, this is not a written rule. However, like for legal residents, the government hopes you will do your part in contributing to the American economy.
When applying for a new O-1B visa, whether or not you’ve filed taxes in the United States could be taken into consideration. Note that since taxes and immigration are separate functions of government, numbers aren’t the priority. Have you filed, or have you not filed, is the question.
This isn’t necessarily the case for everyone with an O visa. You may be a visa holder to whom this doesn’t apply, but I have seen quite a few friends who lived in the U.S. full-time on an O visa being advised to file taxes before applying for a new O-1.
This is definitely something you should discuss with your immigration lawyer and your accountant.
The Taxman
Always keep taxes top of mind, no matter what you do. If you work on both sides of the border regularly, consult a cross-border certified public accountant (CPA) or a cross-border enrolled agent. They can help you get a clear understanding of your filing options. Do this every year, and as your visa approaches its expiration date.
And if you want information on the nitty-gritty of moving to LA, read the second book in my Acting in Los Angeles series.
My name is Lili Wexu. I’m an actress, a voice talent, and an author. To learn how to make $$$ in VO, read my e-books about Voice Acting & Announcing.
