Here is another edit from “Dear Sophie,” the advice column that answers immigration-related questions about working at tech companies.
“Your questions are essential to spreading the knowledge that empowers people around the world to rise beyond borders and pursue their dreams,” says Silicon Valley immigration attorney Sophie Alcorn. “Whether you’re in people operations, a founder, or looking for a job in Silicon Valley, I’d love to answer your questions in my next column.”
TechCrunch+ members get access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one or two year subscription at 50% off.
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 side hustle. 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 shrewd Canadian
There are many things the modern US immigration system was not designed for, including (but not limited to): Internet, e-filing and blockchain, remote work, remote work, home, the modern gig economy, startups, flexible working arrangements, contractor work, and the gig economy.
You may know that our current system of laws was generally created by the Immigration and Nationality Law in 1952back when everything was much simpler The legal story at play here includes judges ruling on tailors from China sailing to San Francisco to take measurements for suits that would be sewn months later when they returned at their 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 this: no hustles or startups on your TN.
Two TN visas at the same time?
Yes it’s possible. Under immigration law, you can have two TN visas at the same time – one from your current employer and one from another employer, for example, your startup. However, this is very difficult to achieve and comes with two very important caveats: