Starting an S-Corporation while on TN?

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hoheadJunior Member
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Posts: 21
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Joined: 10 Jan 2008

Starting an S-Corporation while on TN?

Post Thu Jan 13, 2011 4:22 pm

I'm on a TN, and would like to start a small business on the side. It would be a website, and I would definitely continue working full-time with my TN job.

The general consensus on this forum seems to be "Do not start an S-Corporation if you are on a TN. Period".

The main concern seems to be that I could get denied future TN renewals if the border agent finds out about the S-Corporation and considers it to show immigration intent or something? (how would they find out anyways?)

As a counter argument: I would think that buying a house in the US (which we are allowed to do) would show much stronger immigration intent than a small website business, no?

Final point: I do not own property in US, but do own a home in Canada (which is strong evidence of my ties to Canada). I also have my entire family in Canada.

This forum rocks. Especially Steven.

Thanks!
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agnelsonCanuckAbroad VIP
Posts: 3263
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Joined: 26 Aug 2009

Re: Starting an S-Corporation while on TN?

Post Fri Jan 14, 2011 6:11 am

The problem is WORK. WORKING in US without authorization is illegal. OWNING a House is not illegal work. Even OWNING a business (as a silent investor) is not illegal.

But you admit that the purpose of starting the business is to WORK at it. That is illegal, regardless of the corporate or non-corporate nature of its creation.

And on TN, you can only do other approved TN work, with other TN approvals.
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hoheadJunior Member
Topic author
Posts: 21
Topics: 1
Joined: 10 Jan 2008

Re: Starting an S-Corporation while on TN?

Post Sun Jan 16, 2011 11:17 pm

Thanks for the reply.

It's a disappointing policy, but I suppose I can understand their desire to not allow any loop-holes.

I find it's easy to forget that you don't have the same rights as citizens down here. After a couple years on a TN, you start to think that you're the same as your friends, neighbors and co-workers down here.

A little scary, actually.

Thanks again.
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