TN work visa and my own company invoicing

First time post here - I've read a number of threads but none answer specifically. In fact, most say I cannot do freelance work while working in the USA on a TN visa.

So here's my quick situation.

I design and Program interacitve Kiosks/touchscreens, web sites, etc.

I'm Canadian, and have been offered a position in Florida. The company is willing to sponsor me with a TN work Visa. No problem there. But the challenge is that the position is more or less part-time with the potential for growth as the company grows. I need to be on-site in this case as it's touchscreen development and integration.

But because it's part-time and I have a family, in order to make additional money, I would like to be able to do freelance work from my own company. I would also be invoicing the client sponsoring me from my Canadian Business (Not staff based payroll)

I have both Canadian clients and USA clients. Here's where it's different from other threads I've read. I would be maintaining a Canadian residence/Mailing address and my company would be registered at that address. Invoices would show that address and payment would be mailed there.

Am I able to do this even if I'm doing the work from my home in the USA?

I'm going to be consulting with an immigration lawyer soon, but figured I'd find out here before I spend $200 consult to find out 3 minutes in I simply can't do what I want.

Cheers!

So would you be a Graphic Designer? Because it sounds as though you would be doing a lot of programming which is specifically not under NAFTA.

Otherwise, you cannot do freelance work under a TN. You must be working for an employer in order to obtain the TN. However, I believe there are ways around this if you actually own a business in Canada...

Yes, Graphic Designer was what I thought would be a "catch-all" for the line of work I'm in. It seemed like the most logical choice as what I do is 50% design / 50% programming. It makes no sense that a designer could be eligible for the TN but a programmer could not... So... I figured it was a "catch-all" sort of thing?

Perhaps I am mistaken?

I do the design work, but then I code it to make the design "do stuff" essentially.

Just to clarify, you can work for yourself on TN, but each client MUST sponsor you. So, 2 clients, 2 TNs. You can be paid on 1099, or your 'company' can bill your sponsor.

It is self-sponsorship that is forbidden, not self-employment.

Just to clarify, you can work for yourself on TN, but each client MUST sponsor you. So, 2 clients, 2 TNs. You can be paid on 1099, or your 'company' can bill your sponsor.

It is self-sponsorship that is forbidden, not self-employment.

So let me understand further... I currently do work from my Canadian Address for Companies from Orlando to New York to Washington as well as my Canadian based clients.

If I come down to Florida and am sponsored by one client, in order to continue to do work for my other existing US based clients, they need to sponsor me?

In order to do work for client while you are physically IN THE US, you need TN sponsorship from that US sponsor. Do work for another client while in US: another TN. Otherwise you continue as you are now.

Obviously you need no US status to do work in canada -- that is Cdn soil.

Hmmm... okay.

So moving further... I've also got the opportunity to be a partner in a business. The investment is $50k to become a partner. From what I understand, an E-2 may be a potential option?

Let's assume the E-2 all works out and I'm living in Florida as an investor of this company. I think that's correct?

Could I then do the Interactive work / design from US Soil through my own Canadian based business? Or is it all just getting complicated?

The thing is that my family lives in the US and my dad is on a TN Visa... Has been for 10 years. Now that I have two little ones with my wife, we're wanting to be closer to family and we're trying to find ways to make it happen.

Yeah, you are complicating things. E2 partnerships with a US citizens are tricky, since, what are you bringing other than capital? It's not you that is creating jobs ( are quirement for E2), its your US partner.

Stick with your TN idea. Maybe your potentila partner would be best to hire you, and sponsor you for green card. Then you can do as you wish.

I'd see a lawyer about E2.

I appreciate your patience agnelson. Another question if you don't mind?

What about my Canadian clients?

If I'm down on a TN Visa for a US client, can I still do work for my Canadian Clients from US Soil?

It is self-sponsorship that is forbidden, not self-employment.

That is what my initial point was.

by kork » Sat Sep 05, 2009 5:03 pm
If I'm down on a TN Visa for a US client, can I still do work for my Canadian Clients from US Soil?

Yes you can still do work for your Canadian clients to my knowledge but wait!!!...Let the other poster "clarify and confirm" that one for you just to be sure.

Otherwise good luck to you on your future endeavours