3 ms·
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 con
by 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 agoThanks 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 agoNot 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).