Dear Sophie: Can I start a business or side hustle on a TN visa?

Sophie Alcorn Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and the 2019 Global Law Experts Awards “California Law Firm of the Year for Entrepreneur Immigration Services.” She connects people with businesses and opportunities that expand their lives.

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Dear Sophie:

I am a Canadian citizen working under a TN visa as a software engineer in the United States. I want to start my own business or at least make money from a side business. Is this possible on my TN, or is this the only way to do this via a green card? If so, is it possible to obtain permanent residency since the TN is for non-immigrants?

— A Smart Canadian

Dear Clever,

There are many things the modern US immigration system was not designed for, including (but not limited to): Internet, e-filing and blockchain, remote working, working from home, the modern gig economy, startups, flexible working arrangements and the job of the entrepreneur.

You may know that our current system of laws was generally created by the Immigration and Nationality Act in 1952, when everything was much simpler. The legal history at play here includes judges making decisions about Chinese tailors sailing to San Francisco to take measurements for suits that would be sewn months later when they return home.

I'll cut to the chase: you cannot perform work under your TN for anyone other than the employer who sponsored you for TN. So my educational message is: No hustles or startups on your TN.

Image credits: Joanna Buniak / Sophie Alcorn (opens in a new window)

Yes, it is possible. Under immigration law, you can have two TN visas at the same time – one from your current employer and one from another employer; say, your startup. But it's very hard to do...