Can I issue invoices in Mexico and receive payment from the American employer?

The situation involving TN visas and payment arrangements can be somewhat complex, as it involves immigration rules, taxation, and international contractual relationships. It is worth noting that, for the TN visa, the prevailing understanding is that the professional should be hired as a direct employee of an American company, and not as an independent service provider or through their own company located in Mexico.

When a professional on a TN visa issues invoices to receive payments, this practice can be interpreted as rendering services through their own business rather than as direct employment. This, in turn, can cause conflicts both with TN visa requirements and with the tax obligations of the countries involved.

United States immigration authorities expect employment relationships under the TN visa to demonstrate a direct connection with the American employer. Changing this connection by issuing invoices through a company registered in Mexico may be seen as an attempt to circumvent the rules, as well as raising international tax questions.

Furthermore, it is essential that all parties – both the professional and the employer – strictly observe immigration and tax regulations of both countries. Improper practices can not only jeopardize the immigration status in the United States but also cause complications with the Mexican Federal Tax Authority and the US tax system.

In such cases, it is always wise to avoid proposals that promise quick results or miraculous solutions, as these can lead to legal risks and future losses. If you are considering any different structure for your professional relationship, the best course of action is to seek specialized immigration and international tax consulting. This way, you can understand all implications and ensure that you are following the law correctly, avoiding unpleasant surprises with both the American and Mexican governments.

Remember: strictly complying with immigration and tax laws is essential to maintain your regular status and avoid complications in the future.

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.