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TN visa for company, formerly a part owner of

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Filed: AOS (pnd) Country: Canada
Timeline

I'm Canadian and for 2.5 years I had a TN visa as an engineer for a software company that I co-founded with a friend and US citizen.

Somehow I was flagged in the middle of my status and they realized that I was a part owner (it says I'm co-founder on the website) and took away my TN and said I probably needed an E2 visa. I've read for the E2 that I need to prove substantial investment and it's software so even though the company is profitable it never needed any serious start up capital, so I don't think that's viable.

SO I am thinking what if I sell my share of the company to my partner and then just get the same TN that I had before working for the company? I am thinking that I'd sell him my share for $30k (seems fair considering I only put in $2k for that equity) and get a purchase agreement and his wire to me notarized? Would that be enough for the border guy? Bring him the same TN letter that worked fine before with an addendum with the purchase agreement showing I no longer own any shares???

Thanks so much, this forum is very helpful for a mess like me!

Ryan

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Filed: Citizen (apr) Country: Canada
Timeline

It might be but it also sounds like you are desperate to go back to the US. You're TN was already revoked for working at that company, I think you'll need a compelling reason to get a visa for the exact same company

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: AOS (pnd) Country: Canada
Timeline

CBP would ask why would someone sell a company that was profitable as part owner, to now become a employee of the same company. How will you explain that to them.

I'd be selling it for a reasonable price, it certainly seems counterproductive to society to restrict company ownership for foreign workers, as that's obviously a good motivating tool. But if that's what the rules require in order to continue working there, then that's what I'd have to do... If it's the choice of selling the part of the company or abandoning it, it seems obvious what the best option is, wouldn't they see that? Or they'd be suspicious that you want to be in the US too much??

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Filed: Citizen (apr) Country: Canada
Timeline

Why would you sell the company and then continue to work for them with no guarentee that you'll be granted the work visa to do so? Something doesn't smell right

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Other Country: Russia
Timeline

I'm Canadian and for 2.5 years I had a TN visa as an engineer for a software company that I co-founded with a friend and US citizen.

Somehow I was flagged in the middle of my status and they realized that I was a part owner (it says I'm co-founder on the website) and took away my TN and said I probably needed an E2 visa. I've read for the E2 that I need to prove substantial investment and it's software so even though the company is profitable it never needed any serious start up capital, so I don't think that's viable.

SO I am thinking what if I sell my share of the company to my partner and then just get the same TN that I had before working for the company? I am thinking that I'd sell him my share for $30k (seems fair considering I only put in $2k for that equity) and get a purchase agreement and his wire to me notarized? Would that be enough for the border guy? Bring him the same TN letter that worked fine before with an addendum with the purchase agreement showing I no longer own any shares???

Thanks so much, this forum is very helpful for a mess like me!

Ryan

There's nothing wrong in principle with what you are sugesting. The only problem is that you have already been flagged and the whole arrangement is going to be highly scrutinized. You are not likely to get the benefit of the doubt.

You are kind of lucky in that all they did was take away your Tn, and on top of that the even told you the correct way to proceed. The CBP's are not always that helpful.

Out of curiosity, did you disclose that you were part owner when you initially got the Tn? If you didn't, you are taking a risk just applying again.


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Filed: Other Country: Russia
Timeline

I'd be selling it for a reasonable price, it certainly seems counterproductive to society to restrict company ownership for foreign workers.

There's no such restriction. You are trying to find a way to get a "visa" you are not eligible for. You can't sponsor yourself for a Tn.

If your shares are worth $30000 and the company is already profitable, you should be looking at the E2. It's your best option.


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Filed: K-1 Visa Country: Wales
Timeline

Not enough for an E2.

If you want to go this route all you can do is try and see what happens.

Expect additional scrutiny.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: Canada
Timeline

There's nothing wrong in principle with what you are sugesting. The only problem is that you have already been flagged and the whole arrangement is going to be highly scrutinized. You are not likely to get the benefit of the doubt.

You are kind of lucky in that all they did was take away your Tn, and on top of that the even told you the correct way to proceed. The CBP's are not always that helpful.

Out of curiosity, did you disclose that you were part owner when you initially got the Tn? If you didn't, you are taking a risk just applying again.

They were nice enough to let me in on a B1 for a few weeks because I had a flight to catch also. I didn't originally disclose that I was a part owner but they never asked, so I never lied. It was also on the website which they could have checked (and I assumed they would) but they just never asked (I got the visa and renewed it also, so they would have checked twice).

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Filed: Other Country: Russia
Timeline

Not enough for an E2.

I agree it's low, but I think the E2 has a better chance than a Tn.

I imagine USCIS is going to be very suspicious given the OP's previous involvement with the company.

I'm not overly optimistic that either route would be sucessful.


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