QUESTION: I am a consultant working with in US with company on w2 (regular
salaried worker) for last 2 weeks.
Now, my company is asking me to work on corp-to-corp basis. I will need to
start my own company for that. My questions are:
1. Do I have to form a US or a Canadian company?
2. How easy or difficult it is to get a TN visa for a newly formed company
with no history and only me as an employee?
A quick response will be greatly appreciated
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david ingram replies:
You can not get a TN visa for your own company if it is just you. That does
not mean that there is not someone who has done so and they may even be
working for the company that wants you to do this.
The terms of a TN visa is that you are not supposed to be self employed.
However, many TN's are working as contract employees for "that" employer
only. i.e.- they are employees without benefits.
If you are self employed you will be responsible for both halves of Social
Security which will add 8 1/2% to your income tax bill. If you do have a US
Subchapter S or a Canadian corporation and the US employer pays either
corporation, it does not seem to matter to US immigration. The present TN
you have will suffice because you are working for the US Company for whom
you have the US TN Visa. It will not work if the US employer wants to
cancel your existing TN.
I do not have enough information to help you. However, if I was you, I
would try and remain an employee.
If you are still living in Canada and commuting to the USA, the answer might
be slightly different.
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