Can a TN visa holder work for an H1B employer?
If the prospective employer files a Form I-129 seeking new concurrent employment under TN visa classification, applicants in TN status must wait until the petition is approved before they can begin working for the additional employer. Portability provisions available to H-1B visa holders is not available to those in TN status.
Can a Canadian citizen with a TN visa work for multiple employers?
Canadian and Mexican Citizens working in the U.S. in TN status can work for multiple employers at any time, as long as the proper procedures are followed. The process for adding additional employers under TN visa classification differs for Canadians and Mexicans.
Can a Mexican citizen apply for a TN2 visa?
TN-2 Visa The TN-2 visa is for Mexican citizens that want to work in the U.S as NAFTA professionals. In comparison to Canadian citizens, those from Mexico are required to apply for a TN visa at U.S Embassies and cannot simply get the qualification at U.S port of entries. Application for TN Visa
Can my employer apply for my TN visa for me?
As an alternative, your prospective employer can also apply for your TN visa on your behalf. They must submit Form I-129 (Petition for Nonimmigrant Worker) to the U.S. Citizenship and Immigration Services (USCIS). Once Form I-129 has been approved, you can then apply to CBP to be admitted to the U.S. as a TN nonimmigrant.
Can TN visa holder work for any employer?
TN status is employer-specific, meaning NAFTA TN visa holders can work only for the U.S. employer listed on the TN application. Working for an employer different from the one listed in the TN application is a violation of U.S. immigration laws.
Can I be an independent contractor on a TN visa?
You are allowed to work an independent contractor on a TN visa, as long as the employer can establish control over you. You are allowed to work for multiple employers in the U.S. only if you obtain TN status for each and every employer.
Can TN be on foreign payroll?
Contrary to the opinion of some U.S. immigration officers, the TN regulations do not place any restriction on the source of a TN visa applicant's compensation.
How do taxes work on a TN visa?
Yes, TN visa holders in the U.S. are liable to pay U.S. taxes. TN visa holders are liable for Medicare and social security taxes regardless of their residency status. However, citizens of countries that have signed totalization agreements with the U.S., including Canada, may be exempt from these taxes.
Can you work as a 1099 on a TN visa?
Most TN visa holders are employees, but it is possible to be working on a 1099 basis. One category of TN professionals that often work as independent contractors are management consultants.
Can I have a side job on TN visa?
To clarify, additional services performed for your current TN employer are not prohibited as long as they are in the same field of work as your current TN. For example you may work overtime for your current employer and that is not a violation of your TN visa.
Can a TN visa holder be a manager?
First, U.S. immigration's opinion that the TN visa classification does not allow managerial job functions is undermined by the specific inclusion of managerial positions in the NAFTA Appendix (see, e.g. Hotel Manager and Range Manager).
Is there a salary requirement for TN visa?
There is no minimum salary or income requirement under the NAFTA TN Visa, but the Immigration Officer does question low salaries. If a TN Applicant will work part-time or at a low wage, the Immigration Officer will wonder how you will support yourself – especially since you can only hold valid NAFTA occupations.
What happens if you get fired on TN visa?
TN Visa status is employer-specific. This means that a TN Visa only authorizes you to work for the employer under the conditions the TN Visa was approved. If the conditions of the employment change significantly, including termination of employment, the TN Visa becomes invalid.
Can you get SSN on TN visa?
Reply: TN visa workers are eligible to obtain a Social Security Number (SSN). TN visa workers will generally need to apply for their SSN in person at a SSA office. They will generally need the following to apply for the SSN: A completed Application For A Social Security Card (Form SS-5).
Can you go to school on a TN visa?
According to ICE, while attending school must still be incidental to an individual's primary purpose for being in the U.S., nonimmigrants like TN visa workers “may attend the school of their choice either part-time or full-time.” See ICE, Nonimmigrants: Who Can Study?
Are TN visa holders U.S. residents?
H-1, TN and O-1 visa holders are considered non-resident aliens until they meet the “substantial presence” test.
Can a Canadian work as an independent contractor in the US?
Yes, they can. Many US companies may decide to employ Canadian workers for a myriad of reasons. One such reason could be that the US company is looking to take advantage of the change rate, capitalizing on the lower cost of hiring Canadian workers.
Can I have an LLC on a TN visa?
Simply opening an LLC as a separate legal entity does not qualify for foreign national for a TN visa and the individual cannot work for his or her own LLC business on a TN visa.
Can TN visa holders work part time?
TN visa workers may work on a part-time basis. 9 FAM § 402.17-5(A). However, individuals should be aware that U.S. immigration officials may examine any potential basis for denial of a TN visa for part-time employment under the public charge ground of inadmissibility.
Can I be self-employed on TD Visa?
Can TD visa holders obtain employment authorization? Unfortunately unlike other dependent visas like the L-2 and H-4 visas, TD visa holders are not allowed to obtain Employment Authorization Documents (EAD) to accept employment in the United States.
What to do if your TN visa is approved?
If your application is approved, you will have to take part in an immigration interview to move forward with your TN visa application. Check out this list of interview questions for the TN visa if you want to brush up on the best answers ahead of your interview.
What is a TN visa?
NAFTA stands for North American Free Trade Agreement. NAFTA created special trade and economic relationships between the U.S., Canada, and Mexico. The TN visa allows Canadian and Mexican citizens, as NAFTA professionals, to work in prearranged business activities in the U.S. for U.S. or foreign employers.
How long can you stay in the U.S. on a TN Visa?
How long can Canadians stay in the U.S.? The maximum period a TN visa can be granted is 3 years. On paper, TN visas can be extended in three-year increments indefinitely as long as the holder satisfies all the requirements. The reality of extending the TN visa is unfortunately not that simple. There are many factors that can influence the time you can stay in the U.S. on a TN visa.
How to apply for a TN visa in Mexico?
There are various steps and the order of the steps and how they are to be completed will vary at the different embassies or consulates. 1. Complete the Online Visa Application Form. This is a Form DS-160 and can be completed online.
How long does it take to get an extension for a TN visa?
There are specific time periods and processing times that apply to extension petitions. Your employer cannot file an extension petition before 6 months till the end of your current TN visa. Processing times for this extension can take anything from 2 to 7 months, but fortunately, USCIS has a premium processing service available at an additional cost. Processing time on this premium service is 15 calendar days.
What to know when applying for TN?
An important factor to keep in mind for both Canadians and Mexicans is that when you apply for TN status, you need to make sure you establish “non-immigrant intent”. This will show immigration officials a clear intention that you are not planning to stay in the U.S. on a permanent basis and that you intend to return to your home country.
Where to schedule a TN interview?
The interview should be scheduled at the U.S. Embassy or Consulate in the country where you live. You can schedule this interview in another country but applying for the TN visa could be more difficult in such a case.
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What Is “Tax Resident”?
When an individual is involved in cross border employment , it is important to determine which nation they are considered a “resident” of for tax purposes. Residence is a loaded term. It has many shades of meaning highly dependent upon context. When applied to cross-border tax issues, residence is often confused with citizenship, particularly when dealing with a citizen of the United States. Since the majority of our readers are Canadian citizen/residents working in the United States, we will focus on how the term “residence†applies in that context. Much of the material that follows also applies to United States citizens working in Canada, but there are particular nuances which space does not allow us to address. In a later installment, we can explore those issues.
What is tax treaty?
Tax treaties can be described as an arbitrator between conflicting laws and when an individual is eligible, the treaty will supersede the domestic laws of the participating nations to prevent adverse situations arising from conflicting assessments. The residence of a taxpayer is often dependent on the application of the treaty.
Can you be a resident of one country?
One can only be a resident of one country at any given time. But when there is conflict in the domestic laws regarding residence or doubt as to where the individual taxpayer is a resident, the tax treaty inserts a sequential analysis to remedy this conflict.
Can a taxpayer's tax residence be different?
Every taxpayer has a different and unique situation and their tax residence can hinge on one or two variables. When in doubt, consult a tax profession that deals with cross border taxation on a regular basis.
I have been on a TN Visa working as a W2 employee. Now i have a chance to work at another company as a 1099 contractor. Can I obtain the TN Visa on a 1099?
Yes, but the 1099 is a little tricky since its for contractors and freelancers. You can do it as long as you operate as yourself using your SSN number and US Immigration can see that you are employed by that company. Your TN Letter will state that this company is employing you, which meets the NAFTA requirements.
More Do I Qualify for a TN Visa Questions
Can You Apply for a TD Status If Your Husband Has TN Status? – TN Visa Expert
What is TN Visa?
The TN Visa is a U.S non-immigrant visa, so those who get it have to return to their home countries upon its expiration. It allows only citizens of Canada and Mexico, not permanent residents to work in the U.S if they find a job beforehand. The agreement specifies the types of TN visa jobs and occupations that visa holders are allowed to engage in. There are around 63 occupations for which Canadians and Mexicans qualify to work on. These include lawyers, scientists, engineers, teachers, etc. To check whether you qualify in any of the professions, visit the NAFTA website.
How many types of TN visas are there?
There are two types of TN visa based on nationality:
What are the requirements for a TN visa?
The general requirements for people to qualify for the TN visa are: Applicants must be citizens of Canada or Mexico. Their occupation must be on the NAFTA list. They must have a full time or part time job offer from an employer in the U.S.
How long is a TN visa valid?
After you get the TN visa, it is first valid for 3 years Afterwards, there is a possibility to extend it for an additional 3 years indefinitely. This means, that as long as you are employed in the U.S and can prove ties to your home country in either Canada or Mexico, you are allowed to remain in the U.S on a TN visa.
What is temporary entry in NAFTA?
Temporary entry, as defined in the NAFTA, means entry without the intent to establish permanent residence. The alien must satisfy the inspecting immigration officer that the proposed stay is temporary. A temporary period has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien’s entry will be temporary, the alien must demonstrate to the satisfaction of the inspecting immigration officer that his or her work assignment in the United States will end at a predictable time and that he or she will depart upon completion of the assignment.
Is there a cap on TN visa?
And third, there are no caps to the TN visa. Whereas the H-1B visa has a cap of 65,000 people who are allowed to go to the U.S with that visa, the TN visa does not have a limit. This means that any citizen of Canada or Mexico who fulfills the requirements can get the TN visa.
Is a TN visa the same as an H-1B visa?
The TN Visa USA is quite similar to the H-1B visa; however, there are a few differences. First, the TN does not require employers to have a Labor Condition Application (LCA) from the Department of Labor. This means that there are no specific conditions on the work environment or requirements for a prevailing wage which the U.S sets. This is up to the agreement of the employer and employee.
Can a Canadian citizen work for another employer in the US?
If a Canadian Citizen is in the U .S. in valid TN status and would like to work for an additional employer, he or she can simply go to a Port-of-Entry with the required letter from the 2nd employer and supporting evidence. The employee must be sure to inform CBP that the new employment will be in addition to the current TN employment.
Can a TN visa be used for multiple employers?
in a variety of professional occupations, but also allows them to work for multiple employers in the U.S. simultaneously .
Who must request employment authorization on behalf of a TN visa worker?
A prospective employer must request employment authorization on behalf of a TN visa worker.
Do I need to complete an I-9 form?
However, this requirement would apply regardless of a new employee’s citizenship. All U.S. employers must complete an I-9 Employment Eligibility Verification form for all new hires including U.S. citizens.
Can an employer terminate a TN visa?
The employer is free to terminate a TN visa worker at any time without providing notice to U.S. immigration authorities or incurring liability under the U.S. immigration laws.
Do you have to sponsor an individual for a TN visa?
Contrary to popular belief, the TN visa classification does require an employer to “sponsor” an individual for TN visa work status.
Do you have to have a salary to get a TN visa?
The TN visa regulations do not require that a TN visa worker receive a certain salary or wage, or document the ability to financially support a family.
Do you have to request extension of work authorization for TN?
As with most other temporary work visas, an employer would be required to request the extension of work authorization for any TN visa employees.
