Canadian Consultant Non immigrant TN status required after too many B1 entries

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DaveJ

New Member
I found a lot of info on this site about Canadian contractors working from US, but not much info about contractors that do most of their work from Canada for a US company.

I hope you might be able to help. Here is the latest on the saga.

I am Canadian, have my own INC company in Canada and work as a consultant with multiple clients and one major client in the US. I have been working with this client for 5 years now on multiple projects and they now want to retain me for 35hrs a week for 1 year. I would basically spend 90-95% of my time on this client.
I have a contract with this company that states the kind of duties I will handle on a day to day basis for them.

I go to the US about 10-15 times a year for 2-5 day trips to meet my client all over the States and always entered with a B1 visa. Lately the agents are asking me more an more questions about my work and are suggesting that I should ask for non immigrant Tn status instead.

I read pretty much everything I could find on the TN letter, the TN requirements, the nafta professional categories ( I am a graphic designer with bachelor in Graphics design) etc, but I am still not completely sure why I need TN status.

I am going to a conference next week, which will be listed under my B1, but intend to ask for TN status.
I hope to get it this week because the next week I am scheduled to attend a meeting at my client's and I am afraid they might dey B1 and TN...

Any advise on how to approach this with the agents? I tend to be quite stressed whenever I go to customs lately since there is always this chance of being denied entry.

Thanks.
 
After some more research, it looks like the issue at hand is that I am being remunerated for part of the work done in the US as an independent contractor, which is frowned upon under a B-1.

So here is what I have prepared so far:
1. My agreement for consulting services between my client in the US and myself, the independent contractor. It includes all the needed info, duration of contract, the money, the services being performed etc.
2. A TN support letter from my client stating that they need me as a contractor to perform these tasks, that I have the required qualifications, required diplomas of the profession listed under Annex E. Contract is for x amount of time and work will be performed in Canada but regular meetings in US are needed (8-12 a year)
3. A copy of my diploma

Is anything else needed?
Will my client need to file anything else?

Any advice is greatly appreciated.
 
Sounds good. The TN letter replaces your contract/agreement, so that is not needed. The letter should state the terms of your contract and the tasks you will be performing, requesting a TN in Graphic Designer category. The TN letter in general should be silent on your educational qualifications; that is for you to prove to the CBP at the border. But I would not have them re-write the letter for this minor problem.

Its not the remuneration that was the problem, it is the tasks. TN covers all these, so best to have this.
 
Nelsona,

Thanks for the prompt reply, I will tweak the TN letter and hope for the best for my interview.
I will also ask my client to do some additional research on what additional paperwork they might need to fill out once my TN status has been accepted, you never know...
 
There is no other immigration paperwork. You are a consultant, not an employee.
btw, having a TN still does not make you taxable in US. You are still performing independent services and are not in US 183 days in any 365-day period.
 
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