Help - TN Visa for Contract

Hi, I live in Canada, and have worked in the US in the past on a w2. I have a partnership here in Canada (my wife and me). Recently I got a contract assignment to work in the US. The hiring agency agreed to do this as a contract - meaning I will invoice them through my partnership. I do not have any US accounts, address etc. At the border, I had the TN visa request letter, but no contract, as that wasn't done. The officer asked me a ton of questions around contract or employment (w2 or invoice). I didn't answer clearly, as - well it wasn't done, and I was willing to do it either way. He called the company, and they told him it would be a contract (invoice). Then he gets mad at me (professionally mad - he was nice, but tough). His big concern was that Canadians are abusing the visa - they get one assignment and use it for side work, and no one stops them at the border. I assured him I have no such intentions, and I can do it on a W2 if he wants. He said he is going to put it in the computer, and they will randomly check me, and I better have pay stubs with me.

Now here's my problem - I have a visa, but the company does not want to do a w2 - just contract (meaning they want me to invoice them). Once I got thinking about it - well regardless of what the arrangement is - if I am doing something wrong, I can do it either ways. So, my question is - Is a contract arrangement not allowed under NAFTA? Just about everyone I know does contract (they are incorporated in canada) and invoices the US company (they all have no ties in the US- they go on monday, return on thursday - stay in hotels). Can anyone help how I can straighten this out. What if I carry a letter everytime I cross the border that says I am still working for the same company, and I am still needed on the contract.

Thanks.

You are allowed to be on W2 with TN. This in not self-sponsorship, which is forbidden, but self-employment as you descibe is fine.

Thank you for your reply. So, they can't stop me at the border and not let me in just because I am invoicing and not getting a pay stub. That's the crux of my issue. I already have the visa, but the visa officer told me he needs to see a pay stub if I am "randomly checked".

Your TN needs to be sponsored by your client.
You have to carry your contract.

You stated you already have your TN which puts you in a different situation than someone who is applying for a TN.

As agnelson mentioned, carry your contract with you.

The important part is to remember how you behave at the border. Don't be nervous (or try your best). Remember, you are providing a valuable service and have been approved to do so. Don't raise any of your concerns from your previous discussions, simply be polite and answer only questions that are asked of you by the Immigration Officer. Do not elaborate or feel you have to. Answer the question that was asked and if the Officer requires clarification he'll ask you additional questions.
Act like you belong there, cause you do (again do your best).

Good Luck!

Sincerely,
TN Visa Expert Support
Helping Canadians live and work in the U.S. with the Complete TN Visa Application Kit.

Hello all:

Pardon me for being ignorant - I am new here. I am incorporated in Canada. Do I need a TN to work in the US as an independent contractor (C2C with the employment agency)? If so who is to sponsor me? Client or the employment agency?

Thanks,
Lisa