Can I work in the USA as a contractor using TN status?

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daryl
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Joined: Fri Mar 05, 2010 7:29 pm

Can I work in the USA as a contractor using TN status?

Post by daryl » Sun Mar 07, 2010 12:23 am

I am a Canadian citizen, Canadian resident and a full time employee of a Canadian company. I have had TN status as an engineer for the past few years to support the operations of a USA-based subsidiary of my employer on a part time basis. (For the past few years, I have spent approximately 90 days in the USA each year.)

I am considering leaving my current employer to work full time for a USA-based company. If I do that, I would continue to reside in Canada but my work would be partly in the USA, partly in Canada and partly international. For tax reasons, it may be preferable for me to incorporate my own company in Canada and enter into a personal services contract with the USA-based company. I would be an employee of my own Canadian company, which would invoice the USA-based company for services rendered and for expenses incurred rendering the services. (I will post about this in the accounting and taxation forum.)

My question to this forum pertains to the restriction for TN status that says that self-employment is not permitted. I am not clear exactly what "self-employment" means in this context. Do I have to be directly employed by the USA-based company to qualify for the TN status or would it also work if the services are rendered on a contractual basis?

nelsona
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Post by nelsona » Sun Mar 07, 2010 8:22 am

Self-employment in TN context is permitted, so long as it is not self-SPONSORSHIP, which is not allowed.

Thus, for TN, you need to have your client(s) sponsor you for TN individually. If you have more than one client each must sponsor you fpr a separate TN.

If you maintain Cdn residence, and work 'for yourself', you may want to consider just entering on B1 business status. Not all types of work are permitted on B1 however.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

daryl
Posts: 3
Joined: Fri Mar 05, 2010 7:29 pm

Post by daryl » Tue Mar 09, 2010 2:00 am

Thanks for the reply. I was wondering about using a B1 visa, but I thought providing engineering services in the USA paid by a USA client would not be permitted under a B1 visa.

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Tue Mar 09, 2010 7:35 am

You would need to check with a lawyer. If it was for your Cdn firmm I don;tr see a problem with engineering.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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