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Mike_Jeffrey

TN Visa holder as a Passive partner in US firm

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Hello,

 

I am on TN visa and would like to know that can i become partner / shareholder in a S CORP in which major shareholder is a US Citizen.

 

Can I have share  ratio  of 50:50  for dividend purpose ?

Can I get a TN from this firm and run my W2 from this S CORP ? 

I am not sole owner in this firm.

 

As per the law "

  • An individual cannot obtain TN visa status for a company that he/she solely owns. 8 CFR § 214.6 (b). An individual also cannot obtain TN visa status for a company in which he/she is the controlling shareholder. Id.

 

My green card is also filed by another firm which runs my W2.

 

Thanks

Mike

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For an S-Corp, all shareholders have to be US citizens or Permanent Residents (spouses of US citizens or LPRs also is allowed.)

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Yes, for you to be a shareholder in 5 CORP, you need to be a US citizen. You can even checkout **************** to get the detailed information.

Edited by MurthyAdmin

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