TNVisa - Fulltime or Contract requirement?

K

kev00

New Member
Quick question, I have been receiving many calls for Contract Positions in the US. Do contract positions qualify as a Job Offer for the purposes of acquiring a TN Visa?

In this case, the contract positions are hourly rate positions. Remote initially due to corvid and then in-house after corvid. My concern is that some of these contracts require/prefer that I have my own corporation. I suspect that would complicate matters since I'm a Canadian Citizen.

Does anyone have any insight on this?

Thanks
 
You can get a TN for contract position, either paid as a contractor or corp-to-corp.
Many believe that you must be an employee, but this is nit the case for TN; each client you have must have its own TN.
 
ok that's great. And what happens when the contract expires? Is the TN Visa still active? For example, if I pickup a 3 month contract that has a possibility of extension for another year, will the TN visa expire? Will I need to leave the US or do I have time to find another contract?
 
The TN wil be issued for the duration that your client specifies. Once you are no longer needed, your TN is done. You then have 60? day grace period.
 
I see, so it makes sense to find a full time position. That way they will issue a TN visa for 3 years.
 
Full-time merely refers to the number of hours per week, not the duration of the TN. You could get a part-time TN with a three year duration, or a full-time TN for a month. Schedule and duration are separate things.
 
Can employer issue 1099 or perform corp to corp transactions without SSN or TN Visa?...the answer Yes as posted above...does it mean we get paid in US Dollars or Canadian Dollars as salary ?
 
I think @zohaib1 wants to say that can he get a contract based on being like US company (onshore) instead of stating to be a Canadian company and expecting work to be completed offshore.
 
What i meant to say is that if a company in US offers a role to a Canadian citizen, can the person stay in Canada and work, if they allow to work like that, and not worry about TN visa. And the US company does have a Canadian office as well. So the employee can be a US employee or Canadian employee, based on the agreement with the employer.
 
If you live in Canada and work in canada you can perform work in canada for ANYONE as a contractor or corp-to-corp. The only issue is EMPLOYMENT. An employee would have to have a CDn setup (agent, payroll, or Cdn sister company). He cannot be employed directly on W-2 with the US firm.
 
You must log in or register to reply here.
Top