TN Visa Question

Hello All,

I am a Canadian Citizen and have a company which is registered in Canada. I am the Sole owner of this company.

I am currently working with a business entity in the US who is looking for consultant/contract work and my company has been selected. The term of the contract is for 1 year and I have to live in the US in order to perform the duties.

My company will be invoicing the client which is registered in canada, and I will be paid by the Canadian Company.

Question I have is do I still require a TN visa because I was planning to live there and travel back to canada once a month.

If TN is required, what are the requirements as I don't have a university degree, and do I have to pay taxes in both countries?

Thanks in advance for any suggestions.

If you will be living and working in the US, you will most definitely require some sort of work authorized visa to do so, regardless of who will be paying you directly.

My company will be invoicing the client which is registered in canada, and I will be paid by the Canadian Company.

You can't do this on TN-1, because you control the company so it means you're self-employed which isn't allowed on TN-1. Plus your Canadian company would need a US payroll to do it, which is hideously complicated when you're only talking about one employee.

From a tax and immigration standpoint it is far more logical to be directly employed by them and go on their payroll, and you only use your Canadian company for work you do when you're in Canada.

As to whether you qualify for TN-1, you'd need to look on the NAFTA list of occupations which are enumerated in 8 CFR 214.6. Also look at this: http://www.bls.gov/OCO as CBP seem to base their decisions as to whether you fit into a NAFTA category according to what it says in there.

Management consultant is the hardest one to get, because the OOH description is actually included in the CBP manual.