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

This forum deals with all aspects of immigration to the United States, including visa types, general immigration issues, and U.S. immigration topics.

Moderator: Jim Eiss

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

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

Post by daryl »

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
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

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. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
daryl
Posts: 3
Joined: Fri Mar 05, 2010 7:29 pm

Post by daryl »

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: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

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. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Post Reply