Are Independent Contractors eligible for TN?

[floater]

I work at the State University of New York and have received a grant, part of which is to hire a consultant as a part-time Research Assistant. This is an accepted NAFTA TN category and I have found an extremely qualified Canadian citizen to hire. However, a university lawyer said:

independent contractors are not eligible for TN visas. If an employer is sponsoring an individual for a TN visa, the employer is representing to the USCIS that the individual will be an employee of the employers.

I think this lawyer is wrong and is playing word games with the term employment, as I've read of independent contractors getting TN visas, although the use of that term may make less friendly USCIS people wary. Can anyone clarify this issue for me?

Thanks,

Jon

[agnelson]

As long as the TN is sponsored by the US entity (which you do not control) you can get TN.

immigration.com has TN forum. This is a travel site.