Key Takeaways
• TN visa allows Canadians and Mexicans to work temporarily in U.S. for a U.S. employer under USMCA.
• Self-employment and working for non-U.S. companies while on TN visa are prohibited.
• Applicants need a real U.S. job offer and must prove citizenship and proper qualifications.
The TN visa is a special work visa created under the United States-Mexico-Canada Agreement (USMCA). It allows certain professionals from Canada 🇨🇦 and Mexico 🇲🇽 to work in the United States 🇺🇸 for a limited time. Many people want to know if they can use the TN visa for self-employment or to work for a company they own. Others wonder if they can work for a non-U.S. company while living in the United States 🇺🇸 on a TN visa. This guide explains the rules, requirements, and real-world effects of the TN visa, especially when it comes to self-employment and working for non-U.S. companies.
What Is the TN Visa?
The TN visa is a temporary work visa for citizens of Canada 🇨🇦 and Mexico 🇲🇽. It was first created under the North American Free Trade Agreement (NAFTA) and continues today under the United States-Mexico-Canada Agreement (USMCA). The TN visa lets people with certain professional skills work in the United States 🇺🇸 for a U.S. employer. Some common jobs that qualify include engineers, accountants, teachers, and scientists.
Key facts about the TN visa:
– Only citizens of Canada 🇨🇦 and Mexico 🇲🇽 can apply.
– The job must be on the official USMCA list of professions.
– The applicant must have a job offer from a U.S. employer.
– The job must require the professional skills or degree listed for that profession.
– The TN visa is temporary, usually granted for up to three years at a time, but it can be renewed.
Can You Be Self-Employed on a TN Visa?
No, self-employment is not allowed on the TN visa. This is one of the most important rules for anyone thinking about using the TN visa to work in the United States 🇺🇸.
What Does “Self-Employment” Mean for the TN Visa?
Self-employment means working for yourself, running your own business, or being your own boss. For the TN visa, this includes:
– Owning or controlling 50% or more of the U.S. company that offers you the job
– Being the only person who gets paid from the business
– Working as an independent contractor or consultant for a company you own
The TN visa requires a real job offer from a U.S. employer that is separate from you. You cannot use the TN visa to start your own business, freelance, or work for a company you control.
What Do the Official Rules Say?
The rules are very clear. According to U.S. immigration law (8 CFR 214.6), TN visa holders must work for a U.S. employer or client that is a separate company or person. If you own or control the company, or if you are the main person getting paid, this is considered self-employment and is not allowed.
The U.S. Department of State also says that TN visa applicants cannot use the visa to start their own business or practice in the United States 🇺🇸. If you want to own a business or be self-employed, you need to look at other visa types, such as the E-1 Treaty Trader or E-2 Investor visas.
Summary:
– Self-employment is not allowed on the TN visa.
– You must have a real job offer from a U.S. employer that you do not own or control.
Can You Work for a Non-U.S. Company on a TN Visa?
Some people want to live in the United States 🇺🇸 and work remotely for a company based in Canada 🇨🇦, Mexico 🇲🇽, or another country. However, the TN visa does not allow this.
The TN visa is only for work done in the United States 🇺🇸 for a U.S. employer or client. If you want to work for a non-U.S. company while living in the United States 🇺🇸, you need a different visa.
Key points:
– The TN visa is for work performed in the United States 🇺🇸 for a U.S. employer.
– Working remotely for a foreign company does not qualify for the TN visa.
– If you want to work for a non-U.S. company while in the United States 🇺🇸, you must look for another visa option.
Why Is Self-Employment Not Allowed on the TN Visa?
The TN visa was created to help U.S. employers hire skilled professionals from Canada 🇨🇦 and Mexico 🇲🇽 for jobs that require special training or education. The goal is to fill real job openings in the United States 🇺🇸, not to help people start their own businesses or work for themselves.
Reasons for the rule:
– The U.S. government wants to make sure TN visa holders are filling real jobs, not just creating a way to live in the United States 🇺🇸.
– The employer must be responsible for the worker’s job duties, pay, and supervision.
– Allowing self-employment would make it hard to check if the job is real and if the rules are being followed.
What Are the Requirements for the TN Visa?
To qualify for the TN visa, you must meet several requirements. Here’s a step-by-step look at what you need to do:
1. Get a Job Offer from a U.S. Employer
You must have a written job offer from a U.S. employer. The job must be one of the professions listed under the United States-Mexico-Canada Agreement (USMCA). The job offer should include:
– The job title and description
– The name and address of the employer
– The length of the job (usually up to three years)
– The salary or pay rate
– A statement that the job is not self-employment
2. Show Proof of Citizenship and Qualifications
You must prove you are a citizen of Canada 🇨🇦 or Mexico 🇲🇽. You also need to show you have the right education or license for the job. For example, if you are applying as an engineer, you must have an engineering degree.
3. Apply for the TN Visa
- Canadians can apply for the TN visa at a U.S. port of entry (such as an airport or land border). They do not need to get a visa at a U.S. consulate first.
- Mexicans must apply for the TN visa at a U.S. consulate in Mexico 🇲🇽 before traveling to the United States 🇺🇸.
You will need to bring your job offer letter, proof of citizenship, and proof of your qualifications.
4. Show That the Job Is Not Self-Employment
You must show that the employer is a separate company or person, not owned or controlled by you. The job offer letter should make this clear.
5. Enter the United States 🇺🇸 and Start Work
Once approved, you can enter the United States 🇺🇸 and start working for the employer listed on your TN visa. You cannot work for any other employer or do any side jobs.
For more details, visit the official USCIS TN Visa page.
What Happens If You Try to Be Self-Employed on a TN Visa?
Trying to use the TN visa for self-employment can have serious consequences:
– Your visa application may be denied.
– If you are already in the United States 🇺🇸, your visa could be canceled.
– You could be barred from entering the United States 🇺🇸 in the future.
U.S. immigration officers check to make sure the job is real and that you are not working for yourself. If they find out you own or control the company, or if you are the only person getting paid, they will deny your TN visa.
What If You Want to Start Your Own Business in the United States 🇺🇸?
If your goal is to start a business or be self-employed in the United States 🇺🇸, the TN visa is not the right choice. Instead, you should look at other visa types, such as:
- E-1 Treaty Trader Visa: For people who want to run a business that does a lot of trade between their home country and the United States 🇺🇸.
- E-2 Investor Visa: For people who want to invest a large amount of money in a U.S. business and run it themselves.
- L-1 Intracompany Transfer Visa: For people who work for a company outside the United States 🇺🇸 and want to open a branch or office in the United States 🇺🇸.
These visas have their own rules and requirements, but they allow more freedom for business owners and self-employed people.
Real-World Examples
Example 1: Canadian Engineer with a U.S. Job Offer
Sarah is a Canadian citizen and a licensed engineer. She gets a job offer from a U.S. engineering firm in Texas. The company is not owned or controlled by Sarah. She applies for the TN visa at the border, shows her job offer letter and engineering degree, and is approved. Sarah can work for the U.S. company, but she cannot start her own engineering business or work as a freelance consultant.
Example 2: Mexican Accountant Wants to Start a Business
Carlos is a Mexican citizen and a certified accountant. He wants to move to the United States 🇺🇸 and start his own accounting business. Carlos cannot use the TN visa for this because self-employment is not allowed. Instead, Carlos should look into the E-2 Investor visa, which may allow him to start and run his own business if he meets the investment requirements.
Example 3: Canadian IT Consultant with a U.S. Client
Priya is a Canadian citizen who owns her own IT consulting company in Canada 🇨🇦. She wants to work for a U.S. client while living in the United States 🇺🇸. If Priya’s company is the one signing the contract with the U.S. client, and she owns or controls the company, she cannot use the TN visa. She would need to look for another visa option.
What Do Immigration Lawyers and Experts Say?
Immigration lawyers warn that the rules about self-employment on the TN visa are strict. Even if you are not the only owner, if you control 50% or more of the company, you are considered self-employed. Lawyers recommend:
– Making sure the U.S. employer is a real, separate company
– Getting a detailed job offer letter that explains your job duties and who will supervise you
– Not trying to “work around” the rules by setting up a company in someone else’s name
Employers also need to be careful. They should provide clear information about the job, the company, and the employment relationship. This helps avoid problems during the visa application process.
Recent Policy Updates
As of June 2025, there have been no changes to the TN visa rules about self-employment. The U.S. Citizenship and Immigration Services (USCIS) updated its policy manual in June 2025 to make it clear that self-employment is not allowed. There are no new exceptions or pilot programs that let TN visa holders be self-employed or work for non-U.S. companies while in the United States 🇺🇸.
According to analysis by VisaVerge.com, the U.S. government continues to focus on making sure TN visa holders are working for real U.S. employers and not using the visa for self-employment or remote work for foreign companies.
What Should You Do If You Are Not Sure?
If you are not sure if your job offer or business plan fits the TN visa rules, it is a good idea to talk to an immigration lawyer. They can help you understand your options and avoid mistakes that could hurt your chances of getting a visa.
Practical Tips for TN Visa Applicants
- Make sure your job offer is from a real U.S. employer.
- Do not try to use the TN visa to start your own business or work for yourself.
- If you want to be self-employed, look at other visa options like the E-1 or E-2.
- Keep all documents, including your job offer letter and proof of qualifications, ready for your application.
- Be honest about your job duties and who owns the company.
Where to Find More Information
For the most up-to-date and official information about the TN visa, visit the USCIS TN Visa Information page. This page has details about who can apply, what documents you need, and how to start the process.
Conclusion
The TN visa is a helpful way for Canadian and Mexican professionals to work in the United States 🇺🇸, but it has strict rules. Self-employment is not allowed. You must have a real job offer from a U.S. employer that you do not own or control. Working for a non-U.S. company while in the United States 🇺🇸 on a TN visa is also not allowed. If you want to start your own business or work for yourself, you need to look at other visa options. Always check the latest rules and talk to an immigration expert if you have questions. This will help you avoid problems and make the best choice for your career and future in the United States 🇺🇸.
Learn Today
TN visa → Temporary work visa for Canadian and Mexican citizens under USMCA for specific professional jobs in the U.S.
Self-employment → Working for oneself by owning or controlling a business, disallowed under the TN visa rules.
USMCA → United States-Mexico-Canada Agreement that governs trade and immigration like the TN visa’s eligibility.
E-2 Investor Visa → Visa allowing foreigners to invest and run their own business in the U.S., unlike the TN visa.
Job Offer → Written employment proposal from a U.S. employer stating job details, requirements, and terms.
This Article in a Nutshell
The TN visa permits Canadian and Mexican professionals to work in the U.S. temporarily but forbids self-employment or working for foreign companies. It requires a genuine U.S. employer’s job offer and specific qualifications. Alternatives exist for entrepreneurs, such as E-1 or E-2 visas, which allow business ownership.
— By VisaVerge.com
