Can we do business under TN visa

S

sangeevijayan

Registered Users (C)
Hello
My husband is working in US under TN visa. We wanted to do some business in US. Can we do that? we asked so many people and no one was able to give a clear answer. Customs people say 'yes' and 'no'. when we went to public accountant, they say we can register a business on my husband's name , but he cant work on that. public accountants clearly specify that H1 holders can do their business in US and TN is also similar to that. Infact we have registered the business over here. There were no complications and the process went fine. one other accountant was saying that she can do all the registration process, but she was not sure whether we are eligible to do it or not. We wre really confused. I would really appreciate if somebody can give some ideas regarding this. I would also like to know how can we start our business over here.
Thanks a lot in advance.
Happy Diwali
 
A TN authorizes you to work for the employer who sponsored the TN and no one else (including yourself) unless you obtain an additional TN. As you can not obtain a TN for your own business, you are unable to work for your own business. So you could OWN a business in the US, but you can't WORK for it. You would have to be a limited partner.

There is one exception to this not having a sole proprietorship business problem. I researched this alot because i actually fell within this exception. here is my example. I am an art professor at university which sponsors me for a TN. In order for me to be an art professor as part of my job requirements i have to have an active art career producing art, showing in galleries, giving lectures, etc. When i show art in a gallery, the art is obviously for sale, so if someone buys it, i have to declare that as income from my sole proprietorship business (artist). I also have to expnse all the art supplies used in the construction. I also get paid for some of the lectures i give, which also has to be declared. Anyway, as you can see it is completely consistent with my job as an art professor that i have my own business as an artist, because if i didn't I would lose my job as a professor. The university can only sponsor me for a TN and while I could also get an O-1 visa which would allow me to be an artist but not a professor, I can't have both at once, so I remain only on a TN. This is the only kind of exception that i know of.
 
what happens if TN visa expires

Great information. However, what happens to the company started by TN visa holder if he/she loses job and TN visa is cancelled - will it have to be closed down or it can continue the business?
 
I wouldn't base any decision on this post. Quite frankly, unless gunt consulted wit ha lawyer (and even at that) I would not consider his activities consistent with TN - except his professorial responsibilities -- regardless of the elaborate spin he put on it.

to your question about such a "business". Since each client of your TN business would be sponsoring you under TN. No clients would mean no business.
 
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