You are here:

Immigration Issues/Canadian working on an F-1

Advertisement


Question
I am a journalist livining in Canada with a longstanding professional relationship, as an independent contractor, with an American publication.

However, I will be attending a US university for my Ph.D. starting this fall. The university has sent me an I-20 for my F-1 student visa, but I note that, under the provisions of the F-1, I will be unable to continue working for the American publication, despite the fact that I have been writing for them for well over a year in Canada. It is worth noting, I think, that I am not actually employed by the American publication, but I bill them as an independent contractor.

What are my options to continue this work? Can I enter the US on the F-1, and then apply for a TN-1? Would the TN-1 prevent me from being able to study in the US [that is, does it supersede the F-1 and consequently remove my ability to study]? Can I hold both simultaneously, or does the TN-1 give me the ability to study in the US?

Answer
Hi,

A couple of general points: you can hold only one status at a time (F-1 or TN-1, for example). Secondly, you cannot be employed on F-1 (except on-campus employment by the university) but you can study on TN-1 status (as long as you are also paid a salary by your employer). Thirdly, for TN-1 status, there must be a employer-employee relationship, and it seems that an independent contractor relationship does not qualify you for TN.

Sorry, but there is no easy solution to your dilemma.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.