I'm on a TN VISA. Can I take on extra freelance work?

[ldluong]

I'm currently working and living in Southern California as a Graphic Designer sponsored by my current employer. I'm full time and I want to stay employed by them but I'm really interested in taking on some freelance work. Is this do-able under my current TN Visa?

I know I can't be in the US solely on a contract basis, but I'm already Full-Time and am just looking to take on extra work. I tried looking for information everywhere. I've called the US Embassy who than told me to contact US Immigration. That didn't help at all because the immigration line just sent me around in circles.

Any help would be greatly appreciated!

[Reba]

Nope, not unless you have a work permit that allows it. TN does not allow you to work for any employer other than the one that sponsored you.

[axolotl]

No, this is generally not possible. You are able to hold multiple TNs however, so if you are doing contract work for a specific company, they could sponsor you for a TN. You would have to get them to put together a job offer letter, and you'd have to go to the border to get a new TN.

[ldluong]

-- Thu May 21, 2009 5:44 pm --

Nope, not unless you have a work permit that allows it. TN does not allow you to work for any employer other than the one that sponsored you.

Thank you everyone for your responses.

How would this work if doing freelance is not really for a particular company? For example, I do painting on the side and if someone wanted to buy a painting, would it be possible?

[Steven]

No, because then you're self-employed. If you're deriving income from an activity then you're supposed to be doing payroll withholding on it, so as an artist you would effectively be self-employed. You cannot be self-employed on TN-1.

From the sounds of it maybe you ought to start thinking about setting up your own company and getting an E-2 visa if you can fathom a "substantial investment" to justify it.