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TN Visa not required if working for US Client from outside the US

If I was doing consulting work for a US client and the work was done from Canada, is a TN visa required? I may never cross into the US to do the work. It can all be done remotely from Canada.

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TN Visas like all US Work Permits are necessary if you intend to do work from within the USA. If as you describe, your consultant work will be conducted outside of the US, you would not need to apply for a TN Visa or any US Work Visas. However, if you find that you need to enter the US to service your US client and what you will be doing with be beyond just attending business meetings, negotiating contracts etc.(which are what we describe as standard B-1 Visa activities for which you do not require a Work Permit), you may have to apply for a US Work Permit. Often such scenarios are not so “black and white”.

Therefore before entering into a business arrangement with a US Employer or US Client, make sure what are the specific duties you will be performing from within the US, if any, before going ahead. You may find that you do in fact need a TN Visa or another type of US work permit first.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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2 thoughts on “TN Visa not required if working for US Client from outside the US

  1. sree

    Hi
    I am working for a us based employer on TN and travelled to US client few times initially, but recently assigned to a Canada client and working from Canada f. Is it allowed on TN? and i have not travelled to US for months.My I94 expires due to passport. TN issued in the system till 2019, but i need to get I94 extended with New passport. Is there an issue, because though i am employed to US employer, but working for client based in Canada?

    Reply
    1. Immigration Lawyers

      Hi Sree,

      Thank you for contacting us at VisaPlace! There are many laws and regulations when it comes to TN visas. I would recommend having an immigration lawyer look over your visa and see if this new work is allowed on your visa. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply

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