2 TN Visa Questions

[greenpickles 0]

Hi everyone,

I have two questions about the TN visa:

1) I've read online that the TN can work for independent contractors in some cases. Does anyone know what these cases are? How would an employer make the distinction on the letter between a contractor and an employee?

2) Does the size of the employing firm matter?

Thank you for any help.

[Qilipu 0]

1) I've read online that the TN can work for independent contractors in some cases. Does anyone know what these cases are? How would an employer make the distinction on the letter between a contractor and an employee?

I once worked in the States for a few month on TN-1 as a 1099 contractor. The employer gave me a letter pretty similar to what they'd give to a W-2 employee. The main difference was that instead of describing the conditions of the employment (40hrs/week, at such and such salary + benefits), the compensation section described the terms of the contract (billing rates of so many $/hr, expected amount of work would be so many hours over so many months). They also explained somewhere that the kind of work I would be doing would be that of a particular occupation that's on the NAFTA list.

A few months later they re-hired me on W-2 anyway, so I did not have to experiment with contracting anymore.

2) Does the size of the employing firm matter?

Maybe it's not size per se, but it probably would help if the company is prominent enough that the USCIS could easily verify its bona fides. In my case it was an organization established ca. 1765, and with thousands of employees all over the state, so at least its existence and ability to pay would not be in question. On one occasion, when adjudicating my TN-1 application at the border, the free trade officer actually looked up my employer, and my particular department, on the internet, using his desktop computer, and was asking my about the job title etc.

Edited January 16, 2015 by Qilipu