Many Canadian and Mexican professionals come to the U.S. on a TN visa for work under the USMCA (formerly NAFTA). When they bring their family, spouses and children often enter on TD (trade-dependent) visas.
Unlike the TN visa, the TD visa does not come with work authorization. But what if the TD spouse continues working remotely for their Canadian employer, receives Canadian income, and pays Canadian taxes?
It sounds harmless, but according to U.S. immigration rules, it’s not that simple.
This post explains the legal concerns, risks, and safer alternatives if your spouse wants to keep working while you’re both living in the U.S.
What Is a TD Visa?
A TD visa allows the spouse or children of a TN visa holder to live in the U.S. temporarily. It is strictly a non-working visa. TD holders are permitted to:
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Live in the U.S.
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Attend school
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Travel in and out of the U.S.
However, they are not allowed to engage in employment, regardless of the source or location of payment.
U.S. Work Rules Focus on Location, Not Just Employer
One common misunderstanding is thinking that if a foreign company pays a TD visa holder, the U.S. won’t consider it “employment.” But immigration law focuses heavily on the location where the work is performed, not just:
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Who pays you
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Where your employer is based
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What currency you’re paid in
This principle is supported by similar guidance in the B-1 business visitor rules, where work activities are only allowed when they are:
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Temporary,
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Not compensated by a U.S. source,
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And not considered local employment.
While a B-1 visa has slightly different allowances, both visa types prohibit working while physically inside the U.S. unless specifically authorized.
Is Remote Work from the U.S. Legal on a TD Visa?
Technically: No
Even if your spouse is:
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Paid by a Canadian company,
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Paid in Canadian dollars,
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Paying Canadian taxes, and
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Has no U.S. clients or U.S. business ties,
…it’s still a problem if they are doing the work while physically present in the U.S.
This might be considered unauthorized employment, even though the job is remote.
What Are the Risks?
If your spouse works remotely while on a TD visa, it could lead to:
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Visa denial or non-renewal at a future border crossing
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Delays or rejections for green card applications
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Potential removal from the U.S. in extreme cases
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Complications if the spouse applies for a different visa later
Even though remote work seems harmless, the immigration consequences can be significant.
What Are the Safer Alternatives?
Here are some better legal options for TD visa holders who want to continue working:
1. Apply for a Work-Authorized Visa
If your spouse qualifies for a TN visa (for eligible professions) or another visa like H-1B, O-1, or L-1, they may be able to get independent work authorization.
2. Work from Canada
To stay compliant, some couples choose to have the spouse live in Canada part-time and work from there, especially if the job is fully remote and flexible.
3. Enroll in a U.S. Academic Program
TD visa holders can attend school in the U.S. without special permission. Many use this time to build new skills or prepare to change to a student (F-1) or work visa.
Conclusion: Don’t Risk Your Status
Working remotely while on a TD visa may seem harmless to stay active, support your family, or maintain your career, but under U.S. immigration law, it’s a gray area with real risks. Before taking any steps, it’s best to speak with a U.S. immigration attorney who can help you evaluate your options and avoid legal problems. Immigration rules are complex, and what works for one may not work for another.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have any questions regarding working in the U.S. on. TD Visa, 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.
