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complex TN scenario - working for US company, assisting canadian online company

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  • complex TN scenario - working for US company, assisting canadian online company

    Mexican citizen working full time for an american company on a TN visa. I started volunteering for an online company over a year ago, and a few months ago, I started getting paid for the work I do - about 5-10 hr per month. To the canadian company I'm considered a contractor (for their tax purposes)

    I was freaking out after I found out I guess I could be in big trouble for having a side job with a contractor while on a TN visa for a different company. Then the more I read, the more I saw its a gray area. Nevertheless, I plan on telling them not to pay me anymore (I want to keep my involvement with the site, but pay is not worth the risk). That said, I've already worked for them a few months and I was freaking out about the fact I did technically work for money for a few months, and didnt actually have a TN with them or anything, so there are several levels where I may have gone wrong (maybe?).

    1- working as a contractor while on a TN (self-employed)
    2- working for a canadian online company without a work permit

    the issue with it being a gray area and the whole 1099 situation is a complex one- from a tax perspective, but I'm more concerned about my risk when it comes to immigration.
    My full time job is VERY well paid and I see it as my career. I would hate for something this stupid to ruin my plans, and potentially impact my future in a big way.


    What do I do? The canadian company doesnt report their taxes to the IRS, all the money has been sent to me via paypal, and I intend on stopping immediately, although I know that intent doesnt make much of a difference here.

    Should I be worried? Any immigration attorneys that would be recommended?

    I will survive without the extra cash, I just want to know if I can have some piece of mind about this issue. I'm also in the process of getting an H1-B, in which case I know there will be no gray area, i simply will not be able to do this, and thats OK. I'm glad I found out now.

    Thank you for all your input.

  • #2
    This is not a grey area. You need to get a TN visa with respect to your Canadian employer.

    You can not get a TN visa for self-employment. That said, your independent contractor status with the single Canadian employer will be considered employment for the purpose of obtaining the TN visa with respect to that employer.

    You can simultaneously hold as many TN visas as you have employers.

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