Can the TD spouse open a microbusiness in the USA?

A common question among TD dependents is whether they can start their own business while accompanying the TN visa holder spouse. It is important to understand that each visa category has specific restrictions regarding the performance of paid activities, and this situation requires careful analysis to avoid complications with United States immigration authorities.

In the case of the TD visa, granted to dependents of TN visa holders, the general rule is that these dependents are not authorized to work in the USA. This means that, although there is no explicit prohibition on, for example, investing in businesses or being the owner of a company, active involvement in the daily operation or management of the company can be considered work and, therefore, may fall under employment activity not permitted.

Opening a microbusiness as a passive investor is usually not interpreted as active work. However, if the TD spouse performs duties that characterize employment – such as management, service provision, or active participation in the day-to-day business – this may be understood as performing paid activity without proper authorization. Thus, the distinction between being a passive investor (for example, contributing capital and occasionally supervising the company without employment responsibilities) and engaging in effective work activity is of utmost importance.

We emphasize that strict compliance with immigration laws is essential so as not to jeopardize the visa status and the possibility of future immigration applications. Given these nuances, caution is recommended and seeking specialized legal advice before making any decisions is advisable. Avoiding unverified information, scams, or marketing campaigns promising miraculous results is essential to maintain compliance with the law.

In summary, a spouse with a TD visa can invest in and, to some extent, own a microbusiness in the USA, provided their participation is strictly passive and does not involve activities that characterize active employment. Each case may present particularities, so consulting experts in the field is a prudent step to ensure that all actions are in accordance with immigration rules.

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.