The article discusses can a TN visa holder start a business in USA? For TN visa holders, starting a business in the United States can be appealing from a financial standpoint but also from an immigration standpoint, particularly if opening a company in the USA allows the entrepreneur to obtain a TN visa to work for his or her own company. Without delving into the financial advantages or disadvantages of starting a business in the United States or the process of opening a company, this article explores the possibility of opening a business in USA as a TN visa holder.
So, the question that remains is can a TN visa holder start a business in USA? The answer to this question is elusive and provides some concessions, but generally a TN visa holder cannot start a business in USA in order to apply for a TN visa to work for his or her own company.
It is not possible for an entrepreneur from Canada or Mexico, to seek admission to the US on a TN visa to engage in self-employment in the United States. Simply put, the TN applicant cannot come to the US to work for the US business they own or control. However, a TN visa holder can start a business and open an LLC in the United States as a passive investment without engaging in the day-to-day activity or management of the business.
In practice, for the purpose of the TN visa, the foreign national cannot provide professional services to a U.S. company, whether a corporation, LLC, or other type of entity, if he or she is the sole owner or controlling shareholder or controls the company.
Simply opening an LLC as a separate legal entity does not qualify the foreign national for a TN visa and the individual cannot work for his or her own LLC business on a TN visa.
If the individual’s goal is to start a business in the US and be self-employed, then he or she can apply for other visas such as the E2 Visa or the E1 visa, which are in line with U.S. government regulations regarding self-employment. For example, if you are a citizen of Canada or Mexico who wants to open a marketing agency in Florida and work for the company, then an E2 visa or E1 visa can be an option but not the TN visa because it is not possible to engage in employment for your own business while on a TN visa.
However, if the foreign national holds a TN visa and is employed by a U.S. employer, then he or she can open a company in the United States as long as it is a passive investor, and the individual does not work for the business or manage the business while in the Unites States in violation of their TN status. A TN visa holder can have passive investments in U.S. companies and are allowed to manage their own investments while in the United States.
The TN visa holder can passively invest in stock, bonds, real estate investment properties and even open an LLC and hire employees or purchase a running business in USA as long as he or she does not engage in actual employment for the business, meaning that he or she does not provide labor or services to the business and is not actively involved in running the business.
Malescu Law P.A. – TN Visa Lawyers