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Getting a TN Visa for a position as management consultant

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  • Getting a TN Visa for a position as management consultant

    Hi,

    I am confused and am hoping someone can clear this up for me. I am a Canadian citizen and would like to go to the border and get a TN visa. This visa is for a position as a management consukltant. I checked this Website for info and it said the following:

    A management consultant should generally not be a regular, full-time employee of the entity requiring service. There are, however, instances where full-time employment is a possibility. In these cases, the management consultant should not be assuming an existing position, replacing someone in an existing position, or filling a newly created permanent position. In short, the management consultant should either be an independent consultant or the employee of a consulting firm under contract to a U.S. entity, or the consultant, if salaried, should be in an extra temporary position.

    WHAT DOES THIS MEAN????

  • #2
    Hi,

    I am confused and am hoping someone can clear this up for me. I am a Canadian citizen and would like to go to the border and get a TN visa. This visa is for a position as a management consukltant. I checked this Website for info and it said the following:

    A management consultant should generally not be a regular, full-time employee of the entity requiring service. There are, however, instances where full-time employment is a possibility. In these cases, the management consultant should not be assuming an existing position, replacing someone in an existing position, or filling a newly created permanent position. In short, the management consultant should either be an independent consultant or the employee of a consulting firm under contract to a U.S. entity, or the consultant, if salaried, should be in an extra temporary position.

    WHAT DOES THIS MEAN????

    Comment


    • #3
      A technical contractor from Canada poses a different question. As a Canadian citizen, which is the best and easiest way to work in the States? Should s/he be incorporated in Canada?

      Fortunately, Canadians, like Mexicans, are accorded a special status under the North American Free Trade Agreement, http://www.grasmick.com/nafta.htm. Canadians are now able to obtain a temporary non-immigrant visa called the TN (Trade NAFTA). This work permit can be obtained, with no application form and minimum paperwork, within minutes of arriving at a port of entry. The filing fee is $50 U.S. The TN visa must be renewed annually, but there is no maximum time cap on the duration of stay.

      Canadians who qualify for TN status usually also qualify for H-1B status. The H-1B, however, has a maximum time cap of two three-year terms.

      Both the TN visa and the H-1B visa are issued to temporary EMPLOYEES. Self-employed professionals, including 1099 and incorporated independent contractors, are precluded from obtaining TN-1 status, and the INS has advised its field offices that the E-2 "treaty investor" classification may be the appropriate alternative for these types of Canadian professionals, http://www.grasmick.com/invest.htm. The E-2 is complex and more difficult to qualify for. For this reason, Canadian contractors seeking work in the U.S. are generally advised to work as W-2 contract employees through a third party employer of record.

      Comment


      • #4
        INS regulations allow self-employed and contracted applicants to qualify under certain circumstances.

        http://www.grasmick.com/naftareg.htm

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