FAQ: Can I work for a U.S. Company in Another Country While on a TN Visa?

Question: I am living and working in the US on a TN visa. I'll soon be moving to Europe for about a year. My company wants to keep me working remotely. Can I work remotely from Europe for a U.S. company under my TN visa, and be paid in my U.S. bank account?

Reply: U.S. immigration law also has no jurisdiction over a foreign citizen’s activities while that person is physically outside of the U.S. As such, individuals are able to work for U.S. employers when physically outside of the U.S. in any capacity, and without regard to any U.S. immigration law requirements including those applicable to the TN visa classification. Should these individuals wish to continue to work outside of the U.S. for their U.S. employer after their current TN visa status expires, they may do so without the need to obtain a new TN visa.

Should these workers wish to return to the U.S. to continue working for their U.S. employer in the same position described in their TN visa application paperwork, they may do so provided they have (a) an unexpired TN I-94 record (Canadian citizen); or (b) an unexpired TN visa stamp (Mexican citizen). If the worker has been outside of the U.S. for a substantial period of time, in addition to these TN entry documents, a letter from the employer confirming that the person is resuming their position in the U.S. under the same terms and conditions as described in the original TN application may be helpful to facilitate re-admission with USCBP. If the worker’s TN I-94 record (Canadian) or TN visa stamp (Mexican) has expired, the individual may have to file a new TN application in order to be re-admitted to the U.S.

Other laws unrelated to U.S. immigration law may apply. Employers and workers in this situation should consult with an attorney practicing in the area to ensure compliance with any applicable laws. They should also consult with a tax professional to review potential tax implications.

---