Can TN open a company in US

sos · Post by **sos** » Sun Feb 19, 2006 3:32 pm

Currently, I am hired an agent as a regular employee. My question is can I open my own company in US then sign the contract with this agent? or I have to open company in Canada? For sure, the reason is for tax.

Sun Feb 19, 2006 4:06 pm

You can incorporate a company in the U.S.

However, whether it is beneficial or not depends on your residential status in Canada and other factors.

sos · Post by **sos** » Sun Feb 19, 2006 4:59 pm

Thanks Mark. I bit confused for this. If I open a company in US, then the contract will be signed between "my company" and the US agent. How can I renew my TN? do I sign a letter to hire myself come to US to work? or the agent should provid a letter to hire me?

nelsona · Post by **nelsona** » Mon Feb 20, 2006 7:51 am

The TN letter you present at the bordr should say that the US firm is hiring you, plain and simple.

The issue of how you are paid is not germane to getting your TN.

Having a US firm pay your corporation does not imply that you are self-sponsoring your TN (whicch is not allowed). The issue would be if YOUR company was sponsoring YOU on a TN.

ususer · Post by **ususer** » Sat Mar 18, 2006 1:05 am

Mark T Serbinski CA CPA wrote:You can incorporate a company in the U.S.

However, whether it is beneficial or not depends on your residential status in Canada and other factors.

Mark, would not operating the corporation be violation of TN status ("work for a particular employer")??

nelsona · Post by **nelsona** » Sat Mar 18, 2006 1:18 am

as long as YOU are named in the TN letter, the manner in which you are paid will not impact the legitimacy of your TN.

TN status allows for corp-to-corp relationship 9ie. being paid by 1099). H1 does not.

ususer · Post by **ususer** » Sat Mar 18, 2006 1:32 am

nelsona wrote:as long as YOU are named in the TN letter, the manner in which you are paid will not impact the legitimacy of your TN.

TN status allows for corp-to-corp relationship 9ie. being paid by 1099). H1 does not.

Thanks Nelson,
In other words, you are allowed to
1) open a US corporation,
2) be its owner/shareholder/ operate it,
3) however - the corporation services are limited to those specified by your TN (for example, System Analyst services)??
Is that right?

nelsona · Post by **nelsona** » Sat Mar 18, 2006 10:05 am

Again, these are immigration questions.

The TN letter must list YOU as the TN worker, not your company. As has now been repeated 3 times, how you are paid does not matter immigration-wise.

MikeC · Post by **MikeC** » Mon Mar 20, 2006 1:06 am

I think if you registered a US corporation that can operate any kind of business, but you are on TN as a Systems Analyst, you still can only perform Systems Analyst related activities, no more than that.