My wife and I are Canadian, and she is coming to the U.S. to work in H1B status. I work as an engineer for a Canadian company, and my employer allows me to work remotely. Could I work for the Canadian company from the U.S. in TN status?

Answer

In certain circumstances, it is possible to work in the U.S. in TN status for a Canadian employer. However, it appears this is only permissible if the TN worker will be performing services for a U.S. entity. For instance, if your Canadian employer has a U.S. client, and you will be performing engineering services for that client on behalf of the Canadian employer, TN status may be a good option. But, if you’re not going to be performing prearranged services for a U.S. entity, the TN category likely is not a viable option. (19.Oct.2022)

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