How to structure TN letter for independent contractor (scientist)

[jakerzone]

Hi all,

I am currently in the US on a full-time TN visa. I have the opportunity to work part-time as an independent contractor (scientist) for a US medical company. In this regard, I have a few questions:

Does the TN letter need to state specifically that I will be an "independent contractor"?

It currently states that I have been offered employment as a "consultant" in my field for 1 year part-time at a rate of $X/hr and will not receive company benefits. Nowhere does it state that I will be an independent contractor. Can only management consultants be independent contractors? I assumed the letter was fine as written but am now wondering whether it needs to state specifically that I will be an independent contractor since I will not be an employee of the company and will not fill out an I-9. Will this cause confusion or denial at the border?

Any help is greatly appreciated.

Thanks!

 

[nelsona]

As you may know, one can be on TN as a non-employee (as opposed to H1-B, where this is forbidden). This can be in any TN field, so there is no need to couch the fact that you are not employee.
To avoid any confusion, the letter from your client should state that your are a contractor, since the letter should outline the terms of your remuneration. You can have as many clients as you wish, as long as you get a separate TN for each of them.

Be sure your letter requests a TN under a specific category, and that the job description matches that category. There is no "scientist" category under TN and you still have to have the right education for the right job, regardless of how vague the internal job title might be.

 

[jakerzone]

As you may know, one can be on TN as a non-employee (as opposed to H1-B, where this is forbidden). This can be in any TN field, so there is no need to couch the fact that you are not employee.
To avoid any confusion, the letter from your client should state that your are a contractor, since the letter should outline the terms of your remuneration. You can have as many clients as you wish, as long as you get a separate TN for each of them.

Be sure your letter requests a TN under a specific category, and that the job description matches that category. There is no "scientist" category under TN and you still have to have the right education for the right job, regardless of how vague the internal job title might be.

Thank you so much for your prompt reply! You are a godsend.

The letter currently states that I have been offered "part-time employment" as an X (my science specialty) according to NAFTA Appendix D etc... and have been offered a position as an "X consultant".

The employer and I were unclear how to structure the terms of the remuneration since the project may extend as needed (it will end once the work is finished) so the letter only states that I have been offered "part-time employment" for a period of 1 year at a rate of $X/hour and will not receive company benefits. It does not specify the number of total hours expected, or the number of weekly hours expected, and does not specifically say "independent contractor" so I'm worried that "part-time employment" could confuse the contractual basis (though it does mention being hired as a "consultant").

Does that suffice or should I change it to say "offered part-time employment as an independent contractor"?

Should I also add the expected hours? If I do, what happens if I exceed them (the project may be extended)?

Should I change the one-year term?

 

[nelsona]

You are not being offered "employment", you are having the client hire you to provide services as an independant contractor, which is perfectly fine under TN. Since you already have a full-time TN job -- and are thus removing any doubt that ytou are making enough to live in US, there is no need to stipulate hours, just hourly fee. The "no more than one year duration" takes care of "need". It could end tomorrow or in one year.

 

[jakerzone]

You are not being offered "employment", you are having the client hire you to provide services as an independant contractor, which is perfectly fine under TN. Since you already have a full-time TN job -- and are thus removing any doubt that ytou are making enough to live in US, there is no need to stipulate hours, just hourly fee. The "no more than one year duration" takes care of "need". It could end tomorrow or in one year.

Brilliant. Thanks again!