The TN visa allows qualified Canadian and Mexican professionals to work in the United States under the United States–Mexico–Canada Agreement (USMCA). This visa category provides an efficient pathway for professionals to accept employment in certain listed occupations. However, because TN status is tied to a specific employer and position, many TN professionals wonder whether they are allowed to start or operate a business in the United States.
The answer depends on the type of business activity involved. While owning a business may be permitted in some situations, actively working for that business without proper authorization can violate TN status.
TN Status Is Employer-Specific
TN status is granted for employment with a specific U.S. employer and for a specific professional role.
This means that TN visa holders are authorized to:
- Work only for the employer listed in their TN application
- Perform the duties described in the TN support letter
- Work within the profession approved under the USMCA list
Working for a different employer or performing unauthorized work can result in a violation of immigration status.
Can TN Visa Holders Own a Business?
In many cases, passive ownership of a business may be allowed.
For example, a TN visa holder may be able to:
- Invest in a U.S. business
- Own shares in a company
- Be a silent or passive partner in a business venture
Passive investment generally means that the individual does not actively manage or work for the business on a daily basis.
However, the line between passive investment and active employment can sometimes be unclear.
Working for Your Own Business
A TN visa holder generally cannot simply create a company and begin working for it without proper authorization. Because TN status requires a legitimate employer–employee relationship, self-employment can present challenges.
Immigration authorities typically expect:
- A clear employer–employee relationship
- An employer who has the ability to supervise the worker
- A job that fits within a TN professional occupation
If a TN professional owns a business and is effectively supervising themselves, immigration officers may determine that the employment does not meet the requirements of the TN classification.
Can a TN Professional Work for a Company They Own?
In some limited situations, it may be possible for a TN visa holder to work for a company in which they have an ownership interest. However, the company must still demonstrate a valid employer–employee relationship. For example:
- The company may have a board of directors or management structure that supervises the TN employee
- The TN professional performs duties consistent with a listed TN profession
- The employment arrangement is legitimate and properly documented
These cases are complex and often require careful documentation.
Alternative Visa Options for Entrepreneurs
If a TN professional wants to actively operate their own business in the United States, other immigration options may be more appropriate.
Possible alternatives may include:
- E-2 treaty investor visa for individuals investing in and operating a U.S. business
- L-1 visa for intracompany transfers from foreign companies
- Employment-based immigrant visas for entrepreneurs
Choosing the correct visa category depends on the individual’s business plans and immigration goals.
Key Takeaways
- TN status is tied to a specific employer and job.
- Passive investment in a business may be allowed.
- Actively working for a business without authorization can violate TN status.
- Self-employment may be difficult under TN rules.
- Entrepreneurs may need to explore alternative visa options.
Conclusion
While TN visa holders may be able to invest in or own a business in the United States, their ability to actively work for that business is limited by the rules governing TN employment. Because TN status requires a specific employer–employee relationship, self-employment or running a business independently may not be permitted.
Professionals considering business ventures in the United States should carefully review immigration requirements and explore whether another visa category may better support their entrepreneurial plans.
Sources
- U.S. Citizenship and Immigration Services (USCIS) – TN NAFTA Professionals
- U.S. Customs and Border Protection (CBP) – TN Visa Information
- U.S. Department of State (DOS) – USMCA (TN) Professionals
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We Can Help!
If you have questions regarding the USCMA (CUSMA) and TN Status for Canadians, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
