Can I have an ownership interest in the company that hires me?

The TN visa was created to facilitate the temporary entry of qualified professionals from Mexico and Canada who intend to work in the United States in certain fields. Thus, the visa rules are designed to emphasize the traditional employment relationship between the professional and the hiring company.

In the specific case of ownership interest in the company that hires you, there is no automatic or express prohibition preventing a TN visa holder from having some type of equity interest in that company. However, it is essential that the essence of the visa – which is a clear and direct employment relationship – be maintained. This means the professional must perform their duties independently of their status as a partner or investor, ensuring that their position in the company remains that of a qualified employee according to the visa requirements.

Additionally, it is important to carefully evaluate individual cases. The company’s ownership structure, the percentage of ownership, and the degree of influence that such ownership confers may be examined by immigration authorities. If the shareholder status interferes with the purported employment relationship, this may raise questions about the sincerity of the initial visa intent.

Therefore, it is prudent to seek a thorough analysis of the situation to avoid future complications. We remind you of the importance of strictly following United States immigration laws. Consulting reliable sources and recognized experts in the field can help prevent unnecessary risks, as well as avoid falling for promises of miraculous solutions or misleading marketing campaigns.

Each case is unique, and the suitability of details against current legislation is essential to maintain compliance with immigration regulations. This cautious approach ensures that the professional can take advantage of the opportunities offered by the TN visa without compromising the necessary rules and requirements for legal and safe stay in the country.

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.