TN - VISA Query (sub-contractor)

Hello All,

I am hoping someone will be able to answer my query:

A prospective employer has approached me for a 4-6 month contract at about 50-75 hours/month work load. I would need to get on a TN under Management Consultant's category. I currently live in US, and have worked on a TN before (the number of hours were 40)

My potential employer has been hired as an independent consultant by a company. Should she decide to hire me, she would hire me as a consultant / a sub-contractor. This potential employer is a sole-proprietor. That means he or she has not filed as an LLC or corp. Also, she does not have a website for her consulting practice.

Question:

1. Would the fact that I am getting hired as a consultant by a sole-proprietor be a problem for my TN?
2. Would the fact that this potential employer does not have an online presence be an issue? I remember, for my last TN at Seattle-Vancouver border, the agents browsed through my previous employer's website!
3. I am wondering whether any particular border officials are giving a hard time for the TN, and should be avoided?

I look forward to hearing some constructive thoughts

Best,
Shalu

First, what status are you in now? You cannot have 2 different statuses.

Pending your answer...
1. No, as long as you are not related to the proprietor.
2. No. She should provide other documentary evidence of the viability of her company however. Otherwise anyone could simply hire you as MC to paint their house.
3. Concentrate on making your petition bullet-proof.

Big problem. CBP will have trouble believing you are not simply a partner in this enterprise. Also, you are to consult with her not do part of her job. CBP will have trouble with second-degree MC status.

Thanks for your note.

Yes, I can not be on two visas at the same time. I am on an H4 right now, and prior to H4, I was on a TN.

Your point # 2 is valid, and valuable.

Would you be able to tell me what kind of documentation would provide the evidence of the viability of her company?

-Shalu

The same documentation she used to convince her clients to hire her in the first place.

Tn is not for job sharing. It is for US firms to hire Cdns. She needs to prove that she is a firm.