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Can a TN holder work remotely from home office?

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.

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

Attorney Answers 4


  1. Best answer

    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. Is your home office in Canada?

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/


  3. 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 to be legal advice and must not be relied upon as legal advice.


  4. I agree with attorney Surin

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