Can a TN holder work remotely from home office?

Asked over 2 years ago - Seattle, WA

This might be a tricky situation - I'm a Canadian citizen currently working in the US on an H1B in the software sector. Recently, a buddy of mine started his own company and offered me a job with a large ownership stake (20%). The company has raised a little over $500k in funding from Venture firms and angels but has no revenue streams. It's located in a different state (CA). We are planning to apply for TN instead of H1B since it's easier.

Because the company is so new and risky, I don't want to uproot my family until there is a clearer sign of future in this new company. Is this possible? Can I work remotely from my home office if I'm on TN (also note that I'm a part owner)? I do intend to move there once things start to look up.

Additional information

PS. My Home office is in Seattle, WA.
PSS. I will be giving up my H1B and seek TN instead.

Attorney answers (4)

  1. Kevin Lederman

    Contributor Level 7


    Lawyer agrees


    Best Answer
    chosen by asker

    Answered . I see no problem in working on a TN remotely from a home office located in a different location that the corp. home office as long as you are working for the company that supported the TN and are working in a profession listed on the NAFTA schedule. What is not clear from your email is whether you intend giving up your current H-1B employment. You need to be sure to understand that you cannot hold H-1B status and TN status at the same time. If you are going to want to work for both employers you need a second H-1B.

  2. Elizabeth Clare Surin


    Contributor Level 15


    Lawyer agrees


    Answered . The TN is specific to the employer. As long as that is who you are working for on a TN sponsored by the same employer, you should be fine. There are more details you need to work out so I suggest you contact an immigration lawyer. A TN job needs to be on the NAFTA Schedule A list.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended... more
  3. Neil Ian Fleischer

    Contributor Level 20

    Answered . Is your home office in Canada?

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State... more
  4. Reza Athari

    Contributor Level 14

    Answered . I agree with attorney Surin

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