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TN visa holders cannot be self-employed in the U.S. Learn what counts as self-employment, what is allowed, and alternatives for entrepreneurs.
Sometimes, those inside the United States working under TN visa status look for ways to supplement their income. Foreign nationals need to be careful when looking for a side hustle, as their visa status must cover it. In most cases, a new visa must be obtained to cover any work done on the side. We discuss supplemental income or side hustle while on TN visa status here.
The US-Mexico-Canada Agreement (USMCA), effective from July 1, 2020, has succeeded the North American Free Trade Agreement (NAFTA), which had been in place since 1994. The USMCA largely adopts the main provisions of NAFTA, including the professions list and their qualifications. This article compiles interpretive memos and letters issued over the years to clarify USMCA (formerly NAFTA) provisions, particularly focusing on the TN Visa category.
The TN Visa is uniquely designed for certain professionals from Canada and Mexico who wish to work in the United States, contingent upon having a specific job offer from a U.S. employer. This visa category demands that applicants have a concrete job offer or a contractual agreement with a U.S. entity. The visa is job-specific, meaning the holder is authorized to work only in the role and with the employer as described in the application.
This article explains the complexities of payment arrangements for TN visa holders, focusing on whether they can work under a 1099 or must be W2 employees based on USMCA and USCIS guidelines. It clarifies TN visa professionals’ definition of “self-employment” and provides alternatives for those who own or control a U.S. business entity.