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Hi Peter,

Can founders be on a TN visa (Canadian citizen) and have a CEO title + directorship? Also, is there anything special to be aware of regarding equity for a founder on a TN?



Both USCIS and CBP oftentimes will reject TN applications by founders, owners, and executives. This isn;t necessarily justified legally but it has become common practice.


Piggybacking on this, if they are employed as an engineer and not explicitly as a founder, can they still be issued a significant (>30%, <50%) nonmajority equity share in a company?


USCIS and CBP will deny TN applications based on significant ownership alone even if the employee is truly working as an engineer and owns less than 50%.




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