Dear Sophie: Can I start a business or side business with a TN visa?

Here is another edit from “Dear Sophie,” the advice column that answers immigration-related questions about working at tech companies.

“Your questions are vital to the dissemination of knowledge that enables people around the world to cross borders and pursue their dreams,” says Silicon Valley immigration attorney Sophie Alcorn. “If you’re in people operations, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in my next column.”

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Dear Sophia:

I am a Canadian citizen working under a TN visa as a software engineer in the United States. I want to start my own business or at least make money from a side business. Is this possible on my TN or is this the only way to do this via a green card? If so, is it possible to get permanent residency since the TN is a non-immigrant?

— Smart Canadian

Dear Smart,

There are many things the modern US immigration system was not designed for, including (but not limited to): Internet, e-filing and blockchain, remote work, remote work, home, the modern gig economy, startups, flexible work arrangements. , contract labor and the gig economy.

You should know that our current system of laws has generally been created by immigration and nationality law in 1952When Everything Was So Much Easier The legal story at play here includes judges making decisions about Chinese tailors who travel to San Francisco to take measurements for suits that would be sewn months later when they return home.

I’ll cut to the chase: you can’t do any work under your TN for anyone other than the employer who sponsored you into the TN. So my educational message is this: there is no side hustle or startup foundation in your TN.

Picture credits: Joanna Buniak/Sophie Alcorn (Opens in a new window)

Two TN visas at the same time?

Yes it’s possible. Under immigration law, you can have two TN visas at the same time – one from your current employer and one from another employer, for example, your startup. However, this is very difficult to achieve and comes with two very important caveats:

Elmer Hayward

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