Can you apply for a TN if your company is offshore?

M

meredithbest

New Member
If your company is setup offshore, are employees of that company still eligible to apply for a TN visa?

travel.state.gov says the following:

"The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers."

There are many other sites that contract this and state solely for "US Corporations"

Does anyone have a definitive answer to this (i.e. have you either been given a TN, employed someone on a TN, or been a lawyer who has facilitated a TN Visa for an Applicant, and that person was or is employed by a foreign employer. For bonus points, can it be outside Canada, USA, Mexico too!).

Reference: travel.state.gov/content/visas/en/employment/nafta.html
 
A TN can be granted for an employee of a foreign company, especially if B status doesn't work. Doesn't matter where the company is situated. In this case it would be preferable to have some paperwork from the US client you will be working for/with, since there must be some US involvement here, ststing what kind of work you are doing, and what the relationship is between you, your employer, and the US client.
 
Thanks nelsona, this is a big help.

What if my role isn't significantly 'customer facing' — we are a Software as a Service company and although we do have many clients in the USA as we're growing here quickly my role is more about growing our company.

Would I be wise to more clearly state what aspects of my role involve working with our clients? I am sure we would be able have a few of our clients provide some documentation around this if I asked.
 
Is there a reason B status doesn't work for you? Technically, since your employer is not a US firm, you reall would need a TN from each client, in my opinion.

L1 would seem to be made for your siyuation, but your d=firm should be setting up a more solid presence in US. THis might be a better thread for L visa forum.
 
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