TN confusion

M

max lazz

New Member
Hello,

I'm a Canadian, who's been under TN Status for 8 years. I was initially sponsored by a film production company which filed bankruptcy in 2011. In 2012, two co-workers and I founded a company in the U.S. (same industry, all sharing 1/3). I'm an employee of the company, as well as a partner. I'm under TN status with this company, and am in a panic as I now have been researching that I may be in violation of my TN status. Truthfully, the reason why I was nearly 100% sure about the visa was because I'm an employee - file a W2. My TN Visa expires this January. What should i do??
 
Well, how did you get your TN with your company in the first place? Does your sponsor's (your firm's) paperwork show that you are an owner?

To be legal, you would need to sell your portion, or become a silent investor -- in every sense of the word (with papers drawn up to that effect).
 
I had the President of the company (my partner) sign my TN Letter. The paper work did not show that I was an owner. Would it be ideal if I would show that I have a passive role - I hold shares, but I don't have authoritative power?
 
Well, quite frankly, showing then you have ANY involvement in this firm would likely get you tossed. Passive investment would be acceptable for another firm, one you did not work for, but to claim passive role at 1/3 of the company smells bad, especially since you did not establish the "passivity" from day one. The CBP could correctly conclude that you are giving up control for a couple of days in order to get TN.
I would see a lawyer about this.
 
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