Can Entrepreneurs and Business Owners Qualify for a TN Visa? 

Summary

If you’re a Canadian or Mexican entrepreneur living in the U.S. or planning to launch a business here, you may be wondering: Can I get a TN visa if I own or operate a business? 

It’s a smart question and one that requires careful consideration of U.S. immigration laws. While the TN visa is a valuable pathway for professionals under the USMCA (formerly NAFTA), it comes with specific restrictions, particularly regarding self-employment. 

This guide explores when and how business owners or startup founders might qualify for a TN visa, what structures may work, and what alternatives to consider if TN isn’t the right fit. 

What Is a TN Visa and Who Qualifies? 

The TN visa allows qualified citizens of Canada and Mexico to work in the U.S. under certain professional roles listed in the USMCA agreement. 

To qualify, applicants must: 

• Be a citizen of Canada or Mexico 

• Have a valid job offer from a U.S. employer 

• Work in a profession listed under the TN occupational list (e.g., Engineer, Management Consultant, Economist) 

• Possess the required educational qualifications or professional experience 

• Intend to stay in the U.S. temporarily 

While the application process can be efficient, there’s a strict prohibition: self-employment is not allowed under the TN visa category. 

What Does “Self-Employment” Mean for a TN Visa? 

Self-employment under U.S. immigration law means working for a company that you own or control. The Foreign Affairs Manual (9 FAM 402.17) and 8 CFR § 214.6 explicitly state that TN visa holders cannot be self-employed in the U.S. 

Here’s what typically counts as self-employment: 

• You own more than 50% of the business 

• You control hiring, firing, or day-to-day decisions 

• You’re working without a formal employer-employee relationship 

If you’re both the employer and the employee, USCIS will likely deny your TN petition. 

Can Entrepreneurs Qualify for a TN Visa? Sometimes With the Right Setup 

Entrepreneurs can qualify for a TN visa if they follow specific guidelines to avoid appearing self-employed. The key lies in structure and compliance. 

1. Set Up a U.S. Entity That Acts as Your Employer

To separate yourself from the role of employer: 

• Create a U.S. company that is independently managed 

• Ensure the company has other shareholders or board members 

• Implement a structure where someone other than you has hiring and firing authority 

2. Take a Role That Matches a TN Profession

You must perform duties under a TN-eligible occupation, such as: 

• Management Consultant 

• Computer Systems Analyst 

• Engineer 

• Economist 

Your job responsibilities and qualifications must align with the standards listed in the USMCA. 

3. Be an Employee—Not the Boss

To comply with TN visa rules: 

• Sign a formal employment agreement 

• Establish a clear reporting structure 

• Document oversight and accountability through other officers or board members 

Case Studies: How Entrepreneurs Have Qualified for TN Visas 

Let’s look at two hypothetical scenarios based on real-world strategies: 

Case 1: Canadian Engineer Launches a U.S. Tech Startup 

• Holds a 40% stake in the U.S. company 

• Board of directors oversees major decisions 

• Employment agreement outlines specific engineering duties 

• Reports to a U.S.-based CTO 

Approved as a TN Engineer. 

Case 2: Mexican Economist Provides Analysis for a U.S. Financial Firm 

• Owns part of a U.S. firm but not the majority 

• Operates under a contract supervised by a third-party manager 

• Demonstrates economist-level work with relevant credentials 

Approved under TN Economist category. 

Key Documents That Strengthen a TN Petition 

To minimize risk of denial, prepare: 

• Detailed employment agreement 

• Company’s organizational chart 

• Letter from a U.S. supervisor or board 

• Proof of your degree or experience in a TN profession 

• A separation of duties between ownership and employment 

When a TN Visa Isn’t the Right Fit: Alternatives for Entrepreneurs 

If the TN visa restrictions are too tight, consider these alternatives: 

E-2 Treaty Investor Visa 

Best for entrepreneurs investing substantial capital in a U.S. business. 

• Allows majority ownership and active management 

• Requires a treaty between the U.S. and the investor’s home country (Canada and Mexico both qualify) 

L-1 Intracompany Transferee Visa 

Ideal if you’re expanding your business from Canada or Mexico to the U.S. 

• Must have worked for the foreign entity for at least one year 

• Must move into an executive, managerial, or specialized role in the U.S. branch 

O-1 Visa for Individuals with Extraordinary Ability 

Applicable for entrepreneurs with notable success, media presence, awards, or advanced accomplishments. 

Common Mistakes to Avoid When Applying as a Business Owner 

• Applying through a company where you hold majority ownership or control 

• Submitting vague job descriptions or weak employment documentation 

• Not having clear organizational oversight 

• Assuming informal business structures will satisfy immigration standards 

Avoiding these errors can mean the difference between approval and rejection.