Closing up a business while applying for TN

F

F C

New Member
Hello,

I hope someone here can answer this question for me or bring some clarity.

I'm applying for a TN visa for a job in the U.S. that starts in December. I'm in the process of closing a business, which I've operated for 8 years. As you can imagine, this will take time as I do not want to leave my current clients high and dry since I've committed to completing a handful of projects for them. These projects would overlap with my time in the U.S. on my new job.

Could my TN get revoked if the authorities find out that I've worked for 2-3 months of self-employed on work in Canada while on a TN in the U.S.? This puts me in a difficult position because my only other option is to refund these clients for the work that's been done, and jet out of town.

I also don't want to have to say no to a great opportunity because I have a few lingering clients here in Canada.

Thank you!
 
Generally, one can do work in US for foreign clients (while in US on TN, TD, H1, H4, etc) as long as the following two conditions are met:
1. Your clients do NOT have any business ties in US, and you are not working on a US-based project.
2. Neither you nor your clients are benefirtting from you being physically in US. That is, you are not availing yourself of resources that would not be available to you just as readily in canada as in US.

Do realize however that you are creating one big taxation mess by not winding up beforeleaving, since you are subject to deemed disposition, loss of CCPC status, and will have extra reporting and tax in US.
 
Thank you for the responses nelsona. That's extremely helpful to know. Can you explain what deemed disposition and loss of CCPC status means?
 
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