Hi Everyone, I am preparing to go to a POE for TN Status and am interested in anyone's comments on the situation.
I am a sole proprietor in Canada and have signed a contract to provide professional services (as an independent contractor) to a US company.
The contract is detailed and complete and addresses all of the items one would need to establish TN eligibility. However, the contract is addressed to me and the US company will not provide a "support" letter addressed to the CBP because they have been advised by counsel (Fragomen?) that this would create a risk that they will be treated as my employer which may create additional liabilities for them (payroll taxes?).
They have suggested that I can write the letter myself, as I am effectively my own employer in this situation, or that I should incorporate in Canada and have my corporation (me) write the support letter.
I have drafted a letter to the CBP which explains in detail the situation and references various sections of the CBP Inspector's Field Manual showing that what I am proposing is within the rules. The only thing I don't have is a "support letter" from the company.
Appreciate anyone's thoughts.
I am a sole proprietor in Canada and have signed a contract to provide professional services (as an independent contractor) to a US company.
The contract is detailed and complete and addresses all of the items one would need to establish TN eligibility. However, the contract is addressed to me and the US company will not provide a "support" letter addressed to the CBP because they have been advised by counsel (Fragomen?) that this would create a risk that they will be treated as my employer which may create additional liabilities for them (payroll taxes?).
They have suggested that I can write the letter myself, as I am effectively my own employer in this situation, or that I should incorporate in Canada and have my corporation (me) write the support letter.
I have drafted a letter to the CBP which explains in detail the situation and references various sections of the CBP Inspector's Field Manual showing that what I am proposing is within the rules. The only thing I don't have is a "support letter" from the company.
Appreciate anyone's thoughts.