TN Visa: contractor, taxes and traveling

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criskrit

Registered Users (C)
Hello,

I am a Canadian Citizen looking to get my first TN visa. I have some questions:

- can I get a TN visa as an independent contractor? I have a company that wants to hire me but not as an employee, just as a contractor. Can I get a TN visa with the contract?

- in this case do I pay Social Security etc in the US? Where do I file taxes?

- do I need to be at a Canada-US border in order to get the TN? I am going to Europe for a few days before I start work. Can I fly from Europe straight to the US and ask for a TN?

- if I travel while on the TN do I have to get a new TN when coming back? Is it any different if I travel to Canada or if I travel overseas?

thanks
christos
 
Yes, the US firm can get you a TN as a contractor. You will only pay US tax or SS if you move to US, otherwise you will pay Cdn/prov tax and CPP. You will likely have to pay state tax in any case.

The TN can be got at any port of entry, not just the Cdn border or airport.
 
You can come and work in US on TN as an independant contractor. I did this for a long time. My employer will give me a check for the amount (number of hours worked * rate). I had to make quarterly estimated payments in the US. I did not have a rental or an own property in Canada. Therefore, I was considered non resident Canadian citizen. First few years, I did send Canadian tax forms with the US tax filing details. After that, I got a letter from Revenue Canada mentioning that I am a non resident and do not have to file taxes.

I did not have to pay social security or medicare in the US.

Hope, this helps.
 
thanks for the replies!

In regards to getting the TN I am reading that in theory all POEs should be able to do it, but in practice some are not familiar with TNs. So would it be possible to get approved at a pre-clearance location in Canada then fly straight to Europe without entering the US? This way when I return from EU I already have the TN in the passport.

I also read that you can have many "employers" or "clients". Has anybody done that? If I already have a "third-party" employer/client can I have a second client that will be a company that I control? (and would normally fall under the self-employed category)

I will ask a US accountant about Social Security etc and update accordingly for everyone's information.

much thanks
christos
 
So would it be possible to get approved at a pre-clearance location in Canada then fly straight to Europe without entering the US?
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No.

I also read that you can have many "employers" or "clients".
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Of course, many do this, as long as each is under a separate TN.

I will ask a US accountant about Social Security etc and update accordingly for everyone's information.
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No need. My info is more reliable and is discussed in detail at a proper US/Cdn tax forum, like forums.serbinski.com, not here, an immigration site.
 
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so let me "read this back to you" and see if I get it right:
- In order to get the TN stamped in the passport I need to cross the US border and enter the US, preferably from Canada where i can use a pre-clearance location (to get "pre-approved" so to speak?)
- once I have the TN stamped in the passport I can travel anywhere and come back straight into the US on that same TN and I don't have to go through the whole process again.

Correct?

Also, i am still a bit unclear how pre-clearance works:
- do I have to get pre-cleared at the same POE I am using to enter?
- I am in Vancouver, can I do pre-clearance at YVR airport, then cross the land border?
- is rejection at pre-clearance equivalent (from a legal/immigration standpoint) to "visa denial" and/or "denial of entry"?
 
There is no 'pre-clearance'. If you are at an airport in canada, going on a flight to US, you simply clear US customs --presenting your TN paperwork -- at that airport. Its called pre-flight inspection, rather than Point of entry, like if you arrive at JFK from GDG, and clear US customs in New York.

If your TN is rejected at YVR, they either admit you as a tourist, or you miss your flight. You can't simply show up at the airport to get TN. So, if you aren't flying to US from canada, then go to the border POE, or wait 'til your flight from EU to US.
 
huh, obviously I got confused, I am familiar with pre-flight inspection however someone told me that you may be able to send it your TN papers ahead of time so I thought this is what pre-clearance means...

if I already have a TN can I travel freely all over the planet without having to get a new TN when coming back?
 
you may be able to send it your TN papers ahead of time
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No. Even if they do look it over at some POE's it is completely unofficial, and you might as well just get the TN.

With a copy of the I-94, you can return to US from anywhere and enter on that TN.
 
thanks, this makes sense now (about the POE's etc).

regarding travelling, don't I have to abandon the I-94 when treavelling outside Canada-Mexico-Caribbean?
 
My post said: "With a copy of the I-94, you can return to US from anywhere and enter on that TN."

Get the point? A copy of your I-94, in the event your original I-94 is pulled.
 
yep got that, the question is a bit more "encyclopedic", for other visas (B1/B2, H-1B) you MUST return the I-94 when flying overseas. In the TN case am I supposed to keep it? I like to be informed how things are supposed to be, otherwise I always carry copies of everything in case things go wrong. million thanks, you have been a HUGE help.
 
All I-94s are to be returned when flying overseas, including TN, TD, H1, H4 and any other 'multiple entry' I-94s.

What is unique about TN is that it may have been awarded with no I-129, so nothing for the CBP agent to 'look up'. Thus the need to carry a -- wait for it -- copy of your I-94 when travelling abroad.
 
lol, well-informed AND with a sense of humor. I should introduce you to my friends!

so now that the technicalities are out of the way, let me ask for a subjective opinion. Is it better (easier, safer) to process the TN at a Canadian POE (Vancouver airport) or at Los Angeles (LAX)? The thing is that I am already in Los Angeles (under a now expired H-1B) and I am flying to Europe next month, so is it worth the hassle to go to Canada and come back just to get the TN stamped? thanks
 
In my opinion, a properly written TN petition can be processed (as easily or not) in Shannon Ireland or Kansas City Mo as at Pearson Airport or the Peace Bridge, so, no, I don't believe its worth any extra hassle. Your TN would be processed at the first POE you encounter.

Besides, given that you are out of status (I assume you have not file I-539 to change to B2), it might be safer for you to re-enter US from soemwhere other than Canada, since the officiers could very easily deny you entry on the belief that you are an overstay risk (as you have already proven to be).
 
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