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by konsl 5687 days ago
Many startups are C corporations which typically do not have a sole "owner" i.e. I'm an owner of BackType, I'm also an owner of Google if I buy their stock, etc.

Essentially, it's up to the immigration offer to decide whether a certain level of equity disqualifies you from receiving TN status. Much more scrutiny is applied to the actual proposed employment, your responsibilities, whether these fit in the TN status categories, etc.

The TN is obviously not intended for self employment, but that becomes subjective once you've grown beyond a company of size one.

2 comments

Hmmm (I've worked in US on a TN fo 4+ years).

I've received different advice, mainly stemming from significant ownership (you presumably have significant ownership of BackType where as you wouldn't Google) and role as "founder" and that not being inline with non-immigration intent. You can to claim your work in US is temporary whereas the company presumably isn't.

But you have it, and that is what counts. Congrats.

I wonder what made you go for a TN rather than an H1B. I pushed and switched to H1B from a TN because of the dual intent ,and to file a PERM.

Also,I've read that as long you don't own >51% of the company you can work for it under a visa,but I don't know how true this.