Working and Living in Canada while under a TD visa (TN Visa Spouse)

[ShanonHeller]

I got a job offer in the US and I will be applying for TN visa soon. My spouse has a full-time job in Canada. Is it legal for my spouse to get a TD visa and then stay in Canada and continue working in Canada? The goal for my spouse is to find job in the US and then apply for TN visa but until that happens my spouse wants to continue her job.

[brianbbc]

As far as I know TD visa is for family members of TN holders and are not allowed to work in the USA, but you probably figured this out since you want her to get her own TN. While the TN allows “multiple entrys” in and out of the USA, the risk I see is some border agent questioning why did you get a TD if your intention was to continue to work in Canada and not reside in the USA. The TD is valid only during the duration of stay. The agent does have the power to cause trouble for you on this point, possible not renewing the TD. Temporary family residence in the USA was the original design of the TD, not working in an another country. And by temporarily I mean the actual length of the TN, eg 3 years, as opposed to permanent residency (green card). In my opinion you could be taking a chance on this action which could give you a future headache when you actually try to get her a tn. I’ve dealt with a lot of border agents, some good, others not so much. Otherwise, I’d call a US port of entry at the border, as for Port Director or Assistant Director to get clarification. Also, if she continues to work in Canada, why get a TD at all. Just visit as needed, no special visa needed for that. Just be aware of the irs tax rules for prolonged stays in the USA. After all theres no law prohibiting soliciting possible employment into the USA from Canada.