Self-Employment Prohibited Under TN Visa

Restrictions On Ownership Of Petitioner

  • An individual cannot obtain TN visa status for a company that he/she solely owns. 8 CFR § 214.6 (b).

  • An individual also cannot obtain TN visa status for a company in which he/she is the controlling shareholder. Id.

  • In assessing whether an applicant substantially controls a business, U.S. immigration officers consider the following factors:

    • Whether the applicant has established the receiving enterprise;

    • Whether, as a matter of fact, the applicant has sole or primary control of the U.S. enterprise (regardless of the applicant’s actual percentage of share ownership);

    • Whether the applicant is the sole or primary owner of the business; and

    • Whether the applicant is the sole or primary recipient of income of the business. Inspector’s Field Manual § 15.5(f)(1)(E).

More Information

Last edited April 29, 2023.