TN and Independent Contractors

L

lhr_yvr_lax

New Member
Hi all,

I am new to this forum and have found reading some threads regarding TN status very informative!

I am a Canadian currently in the US on H-1B where I work for a university as a career counselor and previously as a university admissions counselor. Recently, I have been offered contract work with two separate companies to help counsel/consult/advise individuals who are looking to apply to graduate school where I would be helping their clients select career paths, choose the schools they school apply to, and work with them on their application packages. I would be paid on an hourly, independent contractor basis. I'm really interested in pursuing this opportunity as it would allow me choose my own hours and work from home. I would like to leave my H-1B position.

My immigration lawyer feels thinks that I could fall under the 'vocational counselor' TN category, so I approached the two companies to see if they would be willing to support me and they are both willing to write me a letter that outlines contract duration, hourly wage, description of work, etc., However, they very much want me to remain as an independent contractor and feel strongly about this being included in the letter of support.

I have read a few articles on here about independent contractor work being okay under the TN category, but I have seen mixed messages. Does anyone think I would have a problem obtaining the vocational counselor TN as an independent contractor? I'm not sure the job title could actually say 'vocational counselor,' but the job description could speak to my counseling responsibilities. Or, would management consultant be a safer category to apply under?

Thank you for any help/insight!
 
TN as a contractor is perfectly acceptable. This is not considered self-sponsorship, since you will have TNs for each client you get. THEY are your sponsor.
You are not a management consultant. You should try under the vocational counselor TN category
 
Thank you, nelsona! Do you happen to know if the letter of support can say outright that I am an independent contractor?

After reading the 2 categories in more detail, I think you're right that management consulting wouldn't fit so I will definitely try for vocational counselor.
 
Also, sorry, one additional question. Do you know if the letter can state a start date in the future? Say, 2 weeks after I go to the border? I am trying to figure out how I will transition from H-1B to TN seamlessly. I was hoping that if I got approved with a start date 2 weeks in the future I could enter with H-1B, give my 2 weeks notice, and then be considered as TN. Other articles I have read seem to indicate that this would not be possible, though, and that I may need to take a leap of faith and quit my job before attempting to get TN. Thanks!
 
The letter should say how you are being paid, which would be on a contract basis. I owuldn't stress the word "independent" as it is meaningless.

Unfortunately you cannot get a "post-dated" TN at the border, and your TN will kill your h1-B. While it is legal to enter on diferent statuses each entry, the border will not typically allow this (when you live in US). Your H1-B wil die the moment you get TN, and you will not be able to work for H1-B.

You should NOT quit your current job, even previous TN jobs, until you secure the next one. If it were 2 TNs you would simply hold both for the notice period. But for mixed status, you quite simple have to quit on the spot. Sometimes one switched from H1-B to TN while at the same employer (this should make the employer very suspicious), so that you can migrate betwen jobs, but that is very rarely attempted.

You have to think of yourself. There is no legal requirement for YOU to give notice; that is sometimes the employers responsibility, but never the workers (unless they have signed a contract to that effect). But, logically, an employer cannot force you to perform illegally (and they would be illegal as well).

Go to border, get TN, and then go get your stuff at your old job and wave bye-bye.
 
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