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FOR PROFESSIONALS · CENTRE WELLINGTONCentre Wellington

Your talent.A bigger stage.

Hypothetical example: a Guelph applicant has a written U.S. offer, but the employer changes its legal entity before the intended start. Assessing TN now requires checking both the professional role and the employer that will actually engage the applicant. A familiar brand name does not establish that the old offer still describes the employment. The classification is limited to a Canadian or Mexican citizen who will fill a listed professional role for a United States employer. A Canadian may commonly request admission during inspection or preclearance, while the employer can seek USCIS classification using Form I-129. The arrangement cannot be a way to perform services for a business the applicant owns or controls. Before choosing a filing path, match the actual entity, duties, profession and credential instead of relying on a job title. Ask whether the employer would describe the same professional engagement in its internal staffing plan. That comparison detects an overstated title, a hidden third-party arrangement, or duties that have shifted into another occupation. The decision is whether the record is accurate enough to proceed now or whether the company must define the role more carefully before the applicant travels. Have the applicant and employer sign off on a final fact sheet containing profession, actual duties, legal employer, workplace and proposed duration. The last decision is whether any commercial change has made that sheet inaccurate. A concise, truthful revision before travel is better evidence than an elaborate explanation after an officer finds conflicting descriptions.

Talk about TN
PurposeTemporary professional work
Starting pointA qualifying, prearranged role
Key distinctionCitizenship, not residency
01

Identify the actual contracting employer

Ask which entity will sign the offer, direct the work and pay the compensation. Record any staffing or customer relationship. Different entities under one brand can have different roles; describe those roles using the agreements instead of treating the logo as evidence of a single employer. Separate the employer’s commercial description from the treaty profession. A task inventory, reporting line and proposed supervision often reveal whether the position is genuinely professional. The useful first-review output is a one-page comparison showing each duty against the profession selected.

02

Keep professional fit at the centre

Compare the complete duties with a listed USMCA profession and its specific qualification requirements. A restructuring does not resolve a mismatch in credentials or duties. TN requires eligible Canadian or Mexican citizenship; Canadian permanent residence is a separate status. Check credentials before booking travel. A transcript, degree, licence, or properly explained experience record must support the precise listed requirement. If an evaluation is needed, compare its conclusion with the actual credential rather than treating its existence as a result.

03

Explain the change in the file

Preserve the original offer as historical evidence and obtain a current, accurate explanation of the change. Reconcile the employer name across the support letter and other submitted material. Do not silently alter a previously signed document to make the record look unchanged. Set the employer’s documents in a practical order: legal identity, support letter, duties, compensation, duration, and authority of the signer. A letter prepared from an old template can create a mismatch that no passport or résumé resolves.

04

Confirm permission for the intended work

Check the applicable petition or admission procedure and the applicant’s current status, if any. A Canadian citizen may seek TN classification at a port of entry, or a U.S. employer may file Form I-129; a Canadian generally does not require a TN visa stamp. U.S. self-employment is not permitted, ownership stakes must be disclosed, and sole or controlling ownership of the U.S. entity receiving the services is prohibited. Resolve the authorization question before commencing work for the new entity. Treat a later change in worksite, manager, duties, or corporate employer as a new fact to assess. Keep the original representation and the updated record together. Starting a different role first and explaining later can make the classification difficult to defend.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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