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Hi Peter, I'm a Canadian citizen with a four year computer science degree. I've gotten a TN work permit twice, with two different companies over the past three

Hi Peter, I'm a Canadian citizen with a four year computer science degree. I've gotten a TN work permit twice, with two different companies over the past three years. If I started a company with an American citizen and they opened it up, could they then hire me as a Computer System Analyst? Is there a minimum salary they'd have to pay me (e.g. could I get a TN and still only get paid $10/hour)? Is this a common way for Canadian co-founders to enter the United States or is there a better route?

neom 10y ago
Also curious about this.
- proberts 10y ago
  Excellent and important issue. Ownership in and of itself is not a bar to TN classification - to be a bar the ownership is supposed to rise to the level of controlling - but USCBP (at the "border") and even USCIS sometimes (and more and more) take the position that it is or conclude that if one is a founder or has an ownership interest, one is a "manager" and not an "engineer" and therefore ineligible for TN classification because there's no NAFTA occupation for managers.
  - rafikicoln 10y ago
    Thanks Peter! So then would you suggest to wait on (fingers crossed) getting an H1-B from an employer and then transferring to the new startup?
    - proberts 10y ago
      Not necessarily because the law is clear that a minority non-controlling interest is not a bar to TN classification (and where the law is on your side, it's usually worth pursuing/arguing).
fraserharris 10y ago
(recalling verbatim from a friend): TN-1s are not available for "owners" of a business. Technically, ownership is defined as > X% of a business (X is some number I can't recall like 30 or 40). Recently, some Canadian founders have had their TN-1 revoked at the border at the discretion of the officer because they were founders, even though they didn't have sufficient % of shares to be owners as per the definition.
eatmyshorts 10y ago
I'm not the OP, but as I understand it a founder of a company would be eligible for immigration on an EB-5 visa. From this website ( https://www.uscis.gov/green-card/green-card-through-job/green-card-through-investment https://www.uscis.gov/green-card/green-card-through-job/gree... ), they would be eligible if they plan to create/preserve 10 jobs and invest $1m (or $500k in a "targeted high employment area". This is pretty similar to most developed nations--provide enough investment money and you can immigrate without much question.
- winter_blue 10y ago
  jameshush would need to have $1 million or $500k (if he wants to open his startup in a poor/remote area) to get this visa. I don't know about jameshush, but most people don't have that level of disposable assets lying around that they can just expend on a business venture. Also, FYI, you cannot get $500k of investment and qualify for the EB-5 visa. The $500k has to be your own money.

neom 10y ago

Also curious about this.

proberts 10y ago
Excellent and important issue. Ownership in and of itself is not a bar to TN classification - to be a bar the ownership is supposed to rise to the level of controlling - but USCBP (at the "border") and even USCIS sometimes (and more and more) take the position that it is or conclude that if one is a founder or has an ownership interest, one is a "manager" and not an "engineer" and therefore ineligible for TN classification because there's no NAFTA occupation for managers.
- rafikicoln 10y ago
  Thanks Peter! So then would you suggest to wait on (fingers crossed) getting an H1-B from an employer and then transferring to the new startup?
  - proberts 10y ago
    Not necessarily because the law is clear that a minority non-controlling interest is not a bar to TN classification (and where the law is on your side, it's usually worth pursuing/arguing).

fraserharris 10y ago

(recalling verbatim from a friend): TN-1s are not available for "owners" of a business. Technically, ownership is defined as > X% of a business (X is some number I can't recall like 30 or 40). Recently, some Canadian founders have had their TN-1 revoked at the border at the discretion of the officer because they were founders, even though they didn't have sufficient % of shares to be owners as per the definition.

eatmyshorts 10y ago

I'm not the OP, but as I understand it a founder of a company would be eligible for immigration on an EB-5 visa. From this website ( https://www.uscis.gov/green-card/green-card-through-job/green-card-through-investment https://www.uscis.gov/green-card/green-card-through-job/gree... ), they would be eligible if they plan to create/preserve 10 jobs and invest $1m (or $500k in a "targeted high employment area". This is pretty similar to most developed nations--provide enough investment money and you can immigrate without much question.

winter_blue 10y ago
jameshush would need to have $1 million or $500k (if he wants to open his startup in a poor/remote area) to get this visa. I don't know about jameshush, but most people don't have that level of disposable assets lying around that they can just expend on a business venture. Also, FYI, you cannot get $500k of investment and qualify for the EB-5 visa. The $500k has to be your own money.