TN Visa for Start-Up
Question: I was offered a job in a company that will be created next Month. Is there a required "years of operation" for the company to be considered eligible to request TN visa?
Answer: The TN visa regulations do not require a company to be existence for a certain amount of time before the company may sponsor an individual for TN visa status. The company simply needs to have a legal existence, which you may document by submitting any articles of incorporation, etc. Submitting additional company information/literature (any financials, brochures, website print outs) may also aid in establishing the legitimacy of the company.
Similarly, there is no explicit requirement that a start-up company prove that it has an ability to pay a prospective TN visa worker. Nevertheless, CBP has questioned some applicants on this issue in the past. I don’t believe CBP has the authority to question a TN applicant on this issue, but providing some indication of the company’s ability to pay the proposed salary, e.g., indicating the source and/or amount of funding, may alleviate this concern.