Remote Work and the TN Visa: What’s Allowed and What Isn’t
The TN visa, granted under the United States-Mexico-Canada Agreement (USMCA), allows qualified Mexican and Canadian professionals to work temporarily in the United States. As remote work has become a defining trend in modern employment, many professionals on TN status wonder whether they can work from home or perform their duties remotely while maintaining full immigration compliance.
This article examines what the U.S. government permits and restricts regarding remote or hybrid work arrangements for TN visa holders, and what employers should consider to stay compliant.
Understanding the TN Visa Framework
The TN visa is a non-immigrant work authorization intended for professionals in specific occupations such as engineers, accountants, economists, and management consultants. To qualify, the applicant must:
• Have a job offer from a U.S. employer.
• Work in a position listed under the USMCA professional categories.
• Be paid directly by the U.S. employer.
• Work primarily within the United States for that employer.
The TN visa is employer-specific and location-specific. This means that both the employer’s address and the worksite are part of the information submitted to U.S. Citizenship and Immigration Services (USCIS) or shown at the border.
For this reason, remote work must be handled carefully to avoid violating the terms of the visa.
Can TN Visa Holders Work Remotely?
Working from Home in the United States
Yes, TN visa holders can typically work from home if the home office is within the United States and within the same geographic area as the worksite listed in the petition or supporting documents.
However, the following must remain true:
- The employer remains the same and continues to supervise and pay the employee.
- The nature of the job duties remains consistent with the approved TN occupation.
- The location of work is disclosed to USCIS if it changes significantly from the original petition.
In practice, occasional remote work within the same city or region does not usually require amendment, but a permanent move to another state or city may.
Working from Mexico or Canada While on a TN Visa
This is where most compliance issues arise. TN visa holders are expected to physically perform their duties in the United States. If a professional leaves the country and continues to work remotely for a U.S. company, they may fall outside TN visa compliance.
From an immigration standpoint:
• Working outside the U.S. is not covered by TN status.
• Spending extended time abroad while employed on TN may raise questions about maintenance of status during future entries.
• Employers must also consider tax residency and labor law implications when an employee performs work from Mexico or Canada.
For U.S. employers managing such cases, partnering with an Employer of Record (EOR) in Mexico can ensure payroll, tax, and immigration compliance when employees are located outside U.S. territory. Learn more about EOR services for cross-border professionals in Mexico.
Hybrid Work Arrangements: What’s Permitted
A hybrid work schedule (for example, three days in the U.S. office and two days remote) is acceptable as long as the primary place of employment remains in the United States and aligns with the visa petition.
Employers should:
• Maintain accurate documentation of employee work locations.
• Ensure that all duties performed remotely are consistent with TN occupational definitions.
• Notify USCIS if any significant change in worksite occurs.
Failure to comply could result in status violations or future re-entry complications at the border.
Compliance and Employer Responsibilities
Employers play a central role in maintaining TN compliance when remote work is involved. They must:
- Track the employee’s work location to confirm it matches the approved site.
- Update labor condition documentation if applicable.
- Continue paying the employee through U.S. payroll systems.
- Re-evaluate TN eligibility before renewing the visa if the remote work arrangement has changed.
Collaborating with an immigration attorney or a professional EOR ensures that both the employer and employee remain compliant.
For additional support, explore our guide on how to hire remote employees in Mexico legally and efficiently.
External Resources for Reference
• U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov
• U.S. Department of State – TN Visa Professions: https://travel.state.gov
• U.S. Customs and Border Protection (CBP): https://www.cbp.gov
Conclusion
The TN visa remains a valuable and flexible option for North American professionals, but it was not designed with remote work in mind. TN employees can usually work from home within the United States, yet extended or full-time work from abroad may violate visa terms.
Employers and professionals should ensure that all remote work arrangements are documented, transparent, and legally compliant. Partnering with an Employer of Record simplifies the process and ensures full adherence to both U.S. and Mexican labor laws.
Stay compliant and protect your TN status. Contact our EOR team today at /contact.
