TN Work Permit - contracting

[singhstor]

Hello,

I was refused a TN work permit; given the reasoning that the company who would hire me can not sub-contract me to anyone else for work.

In my case, I was being hired by a Company A in US, and one of my job functions is to travel to Company A's client sites to get software requirements and then develop the solution. However the Immigration Officer said that this is not valid, as being on a TN visa if you are hired by Company A then you can only do the work for Company A and not for anyone else. The officer termed this as sub-contracting.

Is this valid? The officer did say that I could re-apply for the TN visa if it can prove that I would only be working for the company I'm being hired for.

Any help would be appreciated, or if you can even help in formulating a TN letter for this (with a cost) that would be appreciated as well.

Thank you

[agnelson]

Your TN letter for Company A should explicitly state that you will be paid at all times by company A, even when sent to A's client sites. This is allowed.

[NaftaMaze]

I work for a Canadian Consulting company which I own and is incorporated in Canada. I get paid in Canadian funds from this company as an employee and file Canadian income tax.

I have been asked to sub-contract on a project in the USA some of the work can be done remotely, but I will need to travel from time to time to the US. The Canadian Corp will bill the US corp for time and expense.

I have a professional accounting designation in Canada and a University degree.

What type of work permit will I need for crossing the boarder. Would this situation fall under a a TN?

[agnelson]

B1. Or, if that doesn't work, TN for sure.

[JohnBenjamin]

That's a good work. Thanks for permit of contracting.