If I am a freelancer in Canada, can I provide services to a US company via TN?

The TN visa was created to facilitate the entry of qualified professionals from Mexico and Canada into the United States, under specific rules for certain professions listed in the USMCA agreement (formerly NAFTA). This visa category generally aims to allow the performance of pre-defined professional activities based on a clear job offer from a US company.

In the case of a professional working as a freelancer in Canada, the situation can be somewhat more complex to fit into the TN category. This is because the TN visa requires a formal employment relationship between the professional and the North American employer. In other words, the professional needs to have a job offer or employment contract where their services are rendered under conditions and supervision aligned with the offered position, and not simply act as a self-employed individual or occasional service provider.

For freelancers interested in providing services to US companies, it is essential to assess whether the service provision structure can be formalized as temporary employment that fits the TN visa specifications. If the freelance activity can be converted into a traditional employment relationship or it is possible to establish a contract demonstrating the characteristics required by the visa, the application may meet the requirements.

However, if the relationship is strictly autonomous service provision without a formal employment bond, it will likely not fit within the TN visa guidelines. It is important to always strictly follow the immigration laws and regulations of the United States.

Moreover, seeking guidance from professionals or firms specialized in this matter can help with a detailed case analysis, avoiding misinterpretations and potential legal complications. Be wary of offers promising quick solutions or guaranteed approvals, as immigration is a serious matter and each case has its particularities.

Therefore, while the TN visa focuses on clear and formal employment relationships, freelancers working in Canada should carefully analyze whether the service offer to a US company can be structured to meet these requirements. In case of doubts, consulting specialists is always the safe path to verify the possibility and suitability of the visa for your specific situation.

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.