The TN Visa is a special work visa for Mexican and Canadian nationals employed by a U.S. company or providing services to a U.S. client. A key condition for obtaining and maintaining TN status is having valid employment — self-employment is not permitted.
This article explains the employment requirements for TN Visa status, what constitutes self-employment, and how to approach common scenarios, such as contracts with foreign companies.
The TN Visa Employment Requirement
To qualify for a TN Visa, an applicant must have prearranged employment or a formal business relationship with a U.S. employer or client. This means:
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The position must be in a profession listed under the USMCA (formerly NAFTA), such as engineers, scientists, accountants, or teachers.
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Applicants cannot apply for a TN Visa for prospective, speculative, or future employment opportunities.
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A verifiable job offer or contract must clearly outline the terms of employment (e.g., duties, duration, compensation).
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Documentation must demonstrate that the job is legitimate and meets the professional-level standards required for TN classification.
Without a clear and concrete offer of employment, a TN Visa application will not be approved.
What Counts as “Self-Employment” for TN Visa Purposes
Under 8 CFR 214.6, TN Visa status permits professionals to engage in prearranged business activities on behalf of a U.S. employer or client, but it does not authorize establishing or operating a U.S. business for personal profit.
An applicant is considered self-employed if they provide services to a U.S. entity in which they have a controlling interest (50% or more) or otherwise operate as their own employer.
The U.S. Department of State’s Foreign Affairs Manual (9 FAM 402.17) further clarifies:
“An applicant cannot qualify for a TN visa to establish a business or practice in the United States in which they will, in substance, be self-employed (including by rendering services to a corporation or entity of which the applicant is the sole or controlling shareholder or owner). Such individuals should consider other visa classifications, such as the Treaty Trader (E-1) or Investor (E-2) visas.”
Key factors that raise self-employment concerns include:
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Did you establish the U.S. entity?
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Do you have sole or primary control of the U.S. entity, even without majority ownership?
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Are you the primary or sole owner of the business?
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Are you the primary recipient of income from the business?
If you cannot clearly separate your role as an employee from the U.S. entity you are serving, your arrangement may be deemed self-employment.
Contracts with U.S. Clients Through a Foreign Company
Owning a foreign company that contracts with a U.S. client generally does not count as self-employment. This is a common and acceptable arrangement, particularly for IT professionals and management consultants.
- For example, A Canadian IT consultant owns a foreign corporation that signs a service contract with a U.S. company. The consultant travels to the United States under that contract to perform the agreed-upon services.
This structure is often permissible because the professional’s U.S. work is tied to a contractual relationship with a U.S. entity, rather than them owning or controlling a U.S. business. Either party can terminate the agreement at will, emphasizing that it is an employment-type arrangement rather than a self-employment arrangement.
Similarly, being classified as an independent contractor does not automatically disqualify a professional from obtaining TN status. The key issue is whether the work is performed under a prearranged agreement with a U.S. entity that directs and controls the services provided.
When to Consider Other Visa Options
U.S. Customs and Border Protection (CBP) has, in some cases, denied TN Visa entry to individuals merely for having an ownership stake in a U.S. company, citing concerns about self-employment.
If you are self-employed or hold a 50% or greater interest in a U.S. business, you may be better served by pursuing a different visa category, such as:
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E-1 (Treaty Trader) Visa
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E-2 (Treaty Investor) Visa
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L-1 (Intracompany Transferee) Visa
Key Takeaways
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TN Visa applicants must have prearranged employment with a U.S. employer or client in a qualifying profession.
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Self-employment is prohibited, particularly when the applicant owns or controls the U.S. entity benefiting from their services.
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Contracts with U.S. clients through a foreign company are generally permissible.
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If your work arrangement cannot be separated from a U.S. entity you control, explore alternative visa options such as E-1, E-2, or L-1.
Always seek professional immigration guidance to ensure compliance and maximize your chances of a successful outcome.
Schedule a Consultation with an Immigration Lawyer
Citations
- USDOS Foreign Affairs Manual and Handbook: 9 FAM 402.17
- § 214.6 Citizens of Canada or Mexico seeking temporary entry under USMCA to engage in business activities at a professional level.
We Can Help!
You may have questions regarding TN visa requirements. 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. 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)
