Can I open an LLC in the USA with TN status?

When it comes to immigration in the United States, many professionals holding TN status wonder about the possibility of opening a company, such as an LLC, while maintaining that status. It is important to understand the differences between registering a business entity and obtaining authorization to work in the activity that the business develops.

In general, yes, it is possible to register an LLC in the USA even while on TN status. Registering a company means creating a legal entity – that is, owning a business. However, the TN status was granted so that you work specifically in the area or for the employer that was designated in your work authorization.

This means that, even if you can own a company, it is crucial not to engage in activities that could be interpreted as work, unless strictly related to the functions of your TN visa. If you own an LLC, you must be careful to avoid conflicts with the conditions of your immigration status. For example, actively managing the company or engaging in operational activities that characterize “professional autonomy” may be seen as a violation of the TN visa rules, which aim to maintain an employment relationship with the company that sponsored the visa.

Therefore, if your intention is to invest or be a partner in an LLC without performing duties that resemble daily operational activities, this strategy may be considered differently by immigration agents. Due to the complexity of immigration issues, it is always advisable to consult immigration and accounting specialists who can evaluate your specific case.

Remember that complying with U.S. immigration laws is essential to avoid complications that could jeopardize your status or future immigration processes. Beware of offers and marketing campaigns promising miraculous results without considering all legal details, as these solutions often overlook the full context of your situation.

In summary, having an LLC in the U.S. while on TN status is legally possible, but the way you are involved with that company must respect the limitations imposed by your visa. Carefully assessing the activities you will perform in the LLC and seeking professional guidance are important measures to ensure everything proceeds according to current immigration laws.

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.