Often asked: How To Pay An Employee With A Tn Visa?

No Recruitment Necessary – In order to hire an employee in TN visa status, you simply need to show that your employee will be working in a qualifying TN NAFTA profession, will be performing duties consistent with the NAFTA profession, and that the employee qualifies for the NAFTA profession.

Can a TN visa work on W2?

Neither the USMCA (NAFTA) or USCIS define how a TN visa holder must be paid. They simply state that there must be a contractual/employment arrangement between a foreign national and a U.S. entity. This means a TN visa holder can be paid either on a W2 or 1099.

Is TN visa sponsored by employer?

TN visa status is granted for up to three years at a time, but it can be renewed for additional three-year stints. Unlike the H-1B visa, the TN visa doesn’t require sponsorship or petition by an employer.

What does an employer need to do for a TN visa?

To qualify for TN visa status, you must have an offer of employment from a U.S. company to work in a profession that is listed on the NAFTA occupations list. Your employer in the United States must require someone in your professional capacity for the position.

Does TN visa require full time employment?

Reply: The TN visa regulations do not require an individual to work a certain number of hours in order to obtain TN visa status. The NAFTA Handbook states that there “is no written application, and no prior petition, labor certification, or prior approval” required for Canadian citizens to obtain TN visa status.

Can TN visa work on 1099?

Most TN visa holders are employees, but it is possible to be working on a 1099 basis. One category of TN professionals that often work as independent contractors are management consultants.

Can I get a TN visa as a contractor?

You are allowed to work an independent contractor on a TN visa, as long as the employer can establish control over you. You are allowed to work for multiple employers in the U.S. only if you obtain TN status for each and every employer.

How much does a TN visa cost an employer?

Affordable – Employers are not required to pay for the cost of obtaining TN visa status and the processing fee for TN status if done at the border is only $56. By mail with USCIS the filing fee is still only $460. For qualifying employees, this is a much more affordable option than the alternative H-1B or L-1 visas.

What happens if you lose your job on a TN visa?

60-Days Grace Period This means that even if you lose your job while on TN status, you will still have up to 60 consecutive days to find a new employer or to adjust/change your status.

Can a TN visa holder change employer?

TN visa workers cannot begin employment with a new or additional employer until they receive authorization from U.S. immigration authorities. 8 CFR 214.6 (i). TN visa workers can change employers by mail using form I-129 in the same manner as if filing for an extension of status.

Does TN visa require EAD card?

In order to continue to have employment authorization during the processing of the AOS application after their TN expires, TN visa workers should file an I-765 application for an Employment Authorization Document (EAD) when filing their AOS application.

Can TD visa holder apply for EAD?

Can TD visa holders obtain employment authorization? Unfortunately unlike other dependent visas like the L-2 and H-4 visas, TD visa holders are not allowed to obtain Employment Authorization Documents (EAD) to accept employment in the United States.

Can you work with a TN visa?

The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers.

Can I apply for green card with TN visa?

Can TN visa holders transition to a green card? This is one of the most common questions that TN visa holders ask, especially after they have spent some time in the U.S. The short answer is yes, it is indeed possible to obtain permanent resident status as a TN visa holder.

Can my wife work if I have a TN visa?

Spouses and children are: Not permitted to work while in the United States, but they are permitted to study. Granted TD status for no longer than the period of time granted to the principal TN nonimmigrant.

How long can I stay in the US after my TN visa expires?

You have a 10-day grace period after the end date of your stay in TN status. You may not work during this period; it is time to prepare to leave the U.S., change status, etc.