TN vs E-2: Working for a U.S. Company or Running Your Own
By Kyle Farmer, Farmer Law PC, Austin, Texas.
Last reviewed: November 9, 2026.
Short answer: TN is for Canadian and Mexican professionals working for a U.S. employer in a listed USMCA profession. It does not cover a business you solely or controllingly own. E-2 is for treaty nationals, including Canadians and Mexicans, who invest a substantial amount in a U.S. business they develop and direct. If you want to own and run the business, E-2 is usually the route to look at.
If you’re a Canadian or Mexican professional deciding between a TN job and starting or buying a U.S. business, book a free 15-minute intro call.
Side by side
| TN | E-2 | |
|---|---|---|
| Who | Citizens of Canada or Mexico | Nationals of an E-2 treaty country, which includes Canada and Mexico |
| What you do | Work in a listed profession for a U.S. employer (8 CFR 214.6(c)) | Develop and direct a U.S. business you have invested in (8 CFR 214.2(e)(16)) |
| Owning the business | Not allowed if you are the sole or controlling owner (8 CFR 214.6(b)) | Required: at least 50 percent ownership or operational control (8 CFR 214.2(e)(16); USCIS E-2 page) |
| Degree or license | Required for most professions on the list | Not required |
| Investment | None | A substantial amount, at risk, in a real and operating business (8 CFR 214.2(e)(12)-(14)) |
| Where to apply | Canadians at a port of entry or preclearance; Mexicans at a U.S. consulate | A visa from the State Department, or Form I-129 inside the U.S. Canadians need an E visa to enter in E status (8 CFR 212.1(a)(1)) |
| Stay | Up to 3 years per admission, no total limit while the stay stays temporary | Initial stay up to 2 years, with 2-year extensions and no limit on the number (USCIS E-2 page) |
| Intent | Temporary entry required (8 CFR 214.6(b)) | Intent to depart when E-2 status ends (8 CFR 214.2(e)(2)(iii)) |
Why TN does not work for your own company
TN covers prearranged professional work for a U.S. employer. The regulation does not allow TN for work for a company of which you are the sole or controlling owner (8 CFR 214.6(b)). A Canadian engineer, for example, can take a TN job with a U.S. firm but cannot use TN to run their own U.S. engineering company.
What E-2 requires instead
- Treaty nationality. You must be a national of an E-2 treaty country, and the business must be at least 50 percent owned by treaty nationals (8 CFR 214.2(e)(2), (e)(6); 9 FAM 402.9-6(F)). See our E-2 visa treaty countries list.
- Develop and direct. You must show at least 50 percent ownership or operational control through a managerial position or other corporate device (8 CFR 214.2(e)(16); USCIS E-2 page).
- Intent to depart. You must intend to leave the United States when E-2 status ends (8 CFR 214.2(e)(2)(iii)).
- Substantial, at-risk investment. Your own capital must be at risk in the commercial sense, and the amount must be substantial in relation to the cost of the business (8 CFR 214.2(e)(12), (14); 9 FAM 402.9-6(B), (D)).
- A real and operating business. It must produce goods or services for profit, not be a passive or speculative holding (8 CFR 214.2(e)(13); 9 FAM 402.9-6(C)).
- More than marginal. The business must have the present or future capacity to generate more than a minimal living for you and your family, or to make a significant economic contribution (8 CFR 214.2(e)(15)).
Canada and Mexico are both E-2 treaty countries (see our E-2 visa treaty countries list). For Mexican citizens, see our E-2 visa for Mexican citizens guide.
Which one fits
- You have a U.S. job offer in a listed profession and do not plan to own the company: TN is usually simpler. See our TN visas page.
- You want to start or buy a U.S. business and run it: E-2 is usually the route to look at. See our E-2 visa page.
- You want both a job and a side business: TN covers only the work for your TN employer. Running your own U.S. business needs its own status.
- Your employer is owned by treaty nationals of your country: an E-2 employee route may also be possible for executive, supervisory or essential-skills roles (9 FAM 402.9-7), which we review case by case.
How TN filing works
Canadian citizens do not need a visa. You apply for admission with a CBP officer at a U.S. Class A port of entry, a U.S. airport that handles international traffic, or a U.S. preclearance or pre-flight station (8 CFR 214.6(d)(2)). You bring proof of Canadian citizenship, the employer letter and your credentials, and you pay the CBP fee on admission. An employer may choose to file Form I-129 for a Canadian outside the U.S.
Mexican citizens apply for a TN visa at a U.S. embassy or consulate, then present the passport and TN visa to CBP at the port of entry (8 CFR 214.6(d)(1)). Workers outside the U.S. don’t need a USCIS petition.
For a worker already in the U.S., the employer files Form I-129 to extend TN status, change employers, or change to TN from another status (8 CFR 214.6(h), (i); 8 CFR 248.3(a)). See TN at a port of entry vs a U.S. consulate for the two paths side by side.
How E-2 filing works
- From outside the United States, you apply for an E-2 visa through the State Department, then seek admission at a port of entry (USCIS E-2 page).
- If you’re already in the United States in another lawful status, you may be able to file Form I-129 with USCIS to change to E-2 (USCIS E-2 page; 8 CFR 214.2(e)(21)).
- Stay: an initial stay of up to 2 years, with extensions in increments of up to 2 years and no limit on the number of extensions, as long as you keep qualifying and intend to depart when status ends (USCIS E-2 page; 8 CFR 214.2(e)(19), (20)). See E-2 extension and renewal requirements.
How Farmer Law PC helps
Our attorneys help Canadian and Mexican professionals and founders choose between TN and E-2. We check whether a job fits a TN profession, whether a business plan and investment can meet E-2 rules, and how the two options fit your long-term plans.
FAQ
Can I start my own business on a TN visa?
No. TN does not cover work for a company you solely or controllingly own. E-2 is the usual route for running your own U.S. business.
Can Canadians and Mexicans get an E-2 visa?
Yes. Canada and Mexico are both E-2 treaty countries.
Do I need a degree for E-2?
No. E-2 is based on the investment and the business, not on a degree. Most TN professions require a degree or license.
Is there a minimum investment for E-2?
There is no set dollar minimum. The investment must be substantial in relation to the cost of the business and at risk.
How long can I stay on TN vs E-2?
TN admissions are up to 3 years each. E-2 starts with up to 2 years, with 2-year extensions and no limit on the number, as long as you keep qualifying.
Talk with us
If you’re deciding between TN and E-2, book a free 15-minute intro call with one of our attorneys, or call (512) 588-5909.
