Can I be a partner in the company and still have a TN visa?

The TN visa was created to facilitate the entry of professionals from countries such as Canada and Mexico to perform activities in certain professions in the United States. This visa requires the applicant to have a job offer from a U.S. employer and for their role to fall within the established professional categories.

An important point in this analysis is the nature of the relationship between the professional and the hiring company.

Regarding ownership participation, it is possible to be a partner in a company and still perform activities with a TN visa, provided that a genuine employment relationship is maintained according to the visa requirements. This means that, although you may hold equity in the company, your role and employment relationship must be well defined, demonstrating that you act in a position comparable to that of other employees, without, for example, having majority control or making decisions that would constitute a self-employment situation.

If your role is strictly as an employee-subject to supervision, duties, and responsibilities comparable to those of other staff-the equity participation alone does not prevent obtaining the TN visa.

However, it is crucial to exercise caution when structuring this arrangement. U.S. immigration authorities review cases individually, and the presence of a direct financial interest in the company’s management may raise questions regarding the existence of a traditional employment relationship.

A relationship that gives the impression that the professional is, in practice, acting as their own boss may be interpreted as incompatible with TN visa requirements. Therefore, clarity in the company’s internal organization and role separation is essential to demonstrate that you maintain an employee position, even if you are a partner.

We emphasize the importance of strictly following U.S. immigration laws and guidelines, as well as seeking advice from specialized professionals-always from reliable sources-to avoid misunderstandings and potential damages in the process. There is a lot of information and marketing campaigns promising miraculous solutions; however, the best practice is to consult qualified specialists to analyze your case and provide appropriate guidance, ensuring compliance with U.S. immigration regulations.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.