Source of renumeration for TN

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want_TNNew Member
Topic author
Posts: 1
Joined: 19 Feb 2008

Source of renumeration for TN

Post Tue Feb 19, 2008 6:47 pm

Could you please help me understand if I qualify for a TN in the following situation:

1. I am employeed and paid by a CANADIAN company.
2. My employer provides sub-contracting consulting services to a US company, which, in turn, provides consulting services to another US company.

If I do qualify for TN (and sorry I have not been able to find this specific scenario in any of the Immigration documents) which section of NAFTA talks about sources of renumeration/my type of situation?

Thank you in advance.
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Thu Feb 21, 2008 12:36 pm

Employment agencies can provide the TN-1 letter, so in this case the sub-contractor in the US sounds as though they would be the ones to provide it as the Canadian company works for the US company. It's the first US company in the chain that is relevant. Who their client is doesn't matter.

Where the remuneration comes from isn't that relevant.

However perhaps Chris can weigh in.
Steve.
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Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Canadian company

Post Fri Feb 22, 2008 5:49 am

We've done many of these. The support letter would be from the US company and you're eligible for TN status so long as there's a contract between the US company and the Canadian company, something of which should be submitted with the rest of your application.
Steve is correct, remuneration is not an issue. (Only an issue generally with B-1 status.)

Here are three scenarios that work:

1. Most common: self-employed Canadian contracts with a US business. The Canadian cannot have a substantial interest in the US business.
2. Not common: Canadian employee of a Canadian company, where the Canadian company has a contract with a US business or businesses.
3. Rare: Canadian works for a Canadian company as an employee or independent contractor, but in the US. The Canadian company must have an office somewhere in the US. I've only seen ones of these in my entire career. (The applicant was approved.)
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
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