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ONE DECISION AT A TIME

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Focused guides for the questions that need more than a quick answer. Each includes a worksheet to prepare your next conversation.

FIELD GUIDES · SAULT STE. MARIE

Seven decisions, answered before you prepare.

01

Explain a professional schedule spanning Canada and the United States

Hypothetical example: a Sault Ste. Marie applicant with work in both countries should document the actual employment and US activities. A hybrid schedule is not itself an immigration category. TN preparation must establish the listed profession, specific qualifications and eligible Canadian or Mexican citizenship. The document decision is to prove one actual US professional engagement, rather than to collect every record associated with a cross-border life. Confirm the applicant's eligible citizenship, the listed profession, qualifications, US employer, duties, duration, and compensation. TN cannot be used for a substantively self-employed US arrangement. Hypothetical example: A prosthetics-and-orthotics clinician is asked to visit a US rehabilitation practice twice a month. She chooses between rescheduling the visits and preparing the proper TN record after comparing the employer's duties letter, her qualification evidence, and the actual worksite plan. Before presenting the file, make one final decision: does every document describe the same employer-directed professional service, or has the arrangement drifted toward independent activity? Resolve drift in the underlying agreement before using it as TN evidence. Keep the finished packet narrow and internally consistent. The best final check asks whether the support letter, credential documents, citizenship proof, and travel plan could all be read together without suggesting a different US role or an independent enterprise. If one document points elsewhere, resolve it before the proposed professional activity starts.

WHAT THIS GUIDE COVERS

  • Describe the location of the work
  • Connect the professional evidence
  • Confirm the lawful first workday

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02

A short US work schedule does not change TN citizenship requirements

Canadian permanent residence and Canadian citizenship remain different facts even for an applicant who plans to spend only occasional workdays in the United States. Assess nationality and the actual activity separately. A home in Sault Ste. Marie is not proof of TN eligibility. Canadian permanent residence is not Canadian citizenship, and that difference can decide whether a US option is available. The reader must choose whether to wait for an actual citizenship document, analyze another route, or limit the proposed activity until a qualifying basis exists. Hypothetical example: A digital-forensics analyst with Canadian permanent residence receives a US contract offer before a citizenship oath ceremony. He does not present residence as nationality; instead, he asks the US employer to assess another lawful option and delays US work until the proper basis is confirmed. That choice should be recorded before the first US workday. A pending Canadian status event may matter to family planning, but it cannot be used as a substitute for the nationality or permission that the selected US category actually requires. The practical outcome is a decision based on the document in hand, not the status hoped for. A prospective US employer can then choose a start date or a different immigration analysis without asking the individual to make an unsupported nationality claim at the border or in a petition.

WHAT THIS GUIDE COVERS

  • Use citizenship already held
  • Assess the opportunity under the correct route
  • Keep each person’s obligations separate

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03

Use a full operating year to assess a seasonal business

An E-2 plan should explain both revenue peaks and obligations outside them. Canada is a treaty country, but the investor and enterprise must have qualifying treaty nationality; the enterprise ordinarily needs at least 50% treaty-country ownership. The investment must be substantial, irrevocably committed and at risk in a real, operating, non-marginal enterprise that the investor develops and directs through at least 50% ownership or operational control. E-2 provides no direct path to permanent residence. The decision is not simply how much money to spend. It is whether the investor can document treaty nationality, qualifying ownership and control, lawful funds, a real operating enterprise, and capital irrevocably committed at commercial risk. The business must not be marginal. Hypothetical example: A precision-mushroom cultivation entrepreneur can either keep funds in a revocable account while seeking a site or sign a lease and equipment contracts with defined cancellation terms. She chooses the path that accurately demonstrates commitment while preserving a truthful operating plan. The final record should also identify the investor's decision-making authority and the company's plan if a family member cannot help. That is a concrete way to show active development and direction without silently assuming unauthorised labour. Before submitting the case, compare the written plan with current invoices, account records, ownership documents, and the investor's actual role. The decision-maker should be able to see a functioning commercial story, including risks and ongoing obligations, rather than a collection of purchases selected only for a filing total. The investor should retain that comparison as the record of why the chosen commitments, rather than unspent cash, support the application.

WHAT THIS GUIDE COVERS

  • Support the forecast
  • Identify committed operating resources
  • Apply the proper standard

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04

Separate US registration from a qualifying operating office

A branch registration or incorporation certificate can support part of an L-1 record without proving operations. L-1 requires one continuous year of qualifying employment abroad within the prior three years, a parent, branch, subsidiary or affiliate relationship, and active business by the foreign entity and, unless new-office provisions apply, the US entity. Determine whether the proposed US duties are primarily managerial or executive or require company-specific specialized knowledge rather than general skill. A new office is a business launch with immigration evidence requirements, not a registration shortcut. The reader must decide whether the US operation is genuinely new, whether premises and funding are in place, and whether the overseas employee has the required qualifying foreign year. Hypothetical example: A laboratory-information systems company has formed a US entity but has only a letter of intent for workspace. It decides to document secured premises and a credible staffing plan before presenting its foreign operations manager as ready to direct the office. Set a review point before the end of the initial period. The company can then compare actual hiring, revenue, premises, and the transferee's duties with the original plan and address a meaningful change openly before seeking an extension. The chosen office structure should support a truthful first-year narrative: who holds authority, what premises are secured, how work begins, and when staff will take on operating tasks. This lets the company decide whether it has enough present evidence to proceed or should complete legitimate business milestones first.

WHAT THIS GUIDE COVERS

  • Document the relationship accurately
  • Identify the initial-period requirements
  • Retain evidence of actual progress

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05

Compare an employer’s US expansion with your own operating business

An L-1 transfer and an E-2 investment can involve the same destination while relying on different facts. The former requires a qualifying relationship and employment history; the latter requires relevant treaty nationality, qualifying committed investment and an enterprise the investor develops and directs. Neither corporate formation nor money alone establishes the case. Choose the route by the facts that already exist. L-1 depends on qualifying entities, prior foreign employment, and a qualifying US role; E-2 depends on treaty nationality, qualifying enterprise ownership, substantial capital irrevocably committed at risk, development and direction, and a nonmarginal enterprise. Hypothetical example: A ceramic-kiln manufacturer has an overseas plant and a US distributor, while its owner also proposes to fund a showroom. It first tests the entity relationship and manager's foreign role, then separately tests whether the committed showroom investment supports E-2 rather than mixing the two narratives. A written comparison should end with one route chosen for the present facts and a separate note of what future fact would justify reconsidering the other. That keeps a temporary transfer analysis from being presented as though it were an investment case, or vice versa. Do not decide the category by which label sounds more flexible. Decide whether the present file is fundamentally about a transfer between related operating companies or an investor's committed capital and direction of an enterprise. The answer determines the records to preserve and the work that can be planned.

WHAT THIS GUIDE COVERS

  • For an expansion, review the actual role
  • For an investment, examine control and operations
  • Compare the sequence and family plan

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06

Distinguish family application choices from travel dates

A household can plan different arrival dates while still needing an early review of each person’s eligibility and documents. Decide who seeks which benefit and when, then assess the appropriate process. Do not use a travel preference as a substitute for an immigration strategy. A family plan works only when every person has an identified status, document set, and lawful activity plan. The immediate decision is whether someone needs to travel, study, work, or remain abroad first; a principal's case does not answer all of those questions. Hypothetical example: A biomedical-equipment installer receives an L-1 opportunity while a teenager intends to accept a US after-school job. The household separates the principal transfer, the spouse's evidence, the student's attendance, and the teenager's proposed work instead of assuming one dependent status covers every activity. The household should make this decision in writing: who will refrain from work or travel until the necessary evidence or permission exists? A clear answer avoids putting informal family assistance ahead of the immigration rules that apply to that individual. Before travel, give every adult and older child a plain-language statement of what they may and may not do under the permission actually held. That concrete household decision reduces the risk that a well-intended business task, customer call, or paid engagement begins before the right basis exists.

WHAT THIS GUIDE COVERS

  • Identify work permission for every person
  • Keep relationship information current
  • Coordinate entry and outstanding requirements

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07

Compare the actual application structure before comparing the price

An EB-5 direct business, an EB-5 regional-centre project and a Gold Card application do not use interchangeable records or payment events. Establish the actual route and eligible applicants first. A form selected for convenience or a household amount calculated before eligibility review can misstate what the case requires. The first choice is between two fundamentally different transactions. EB-5 requires qualifying investment capital at risk and the required job-creation evidence, followed by the immigrant process and conditional-residence obligations. A Gold Card is not a conventional visa or investment product: the applicant makes the required payment to the U.S. government under official instructions. Hypothetical example: A solar-glass manufacturer can place capital into a job-creating US facility or pursue a Gold Card payment for an individual executive. It compares source-of-funds and job evidence against the official Gold Card pathway before moving money, rather than calling either transfer an investment. Before acting, identify the exact recipient, legal purpose, and proof required for each dollar. That single decision prevents a private project transfer from being mistaken for an official government payment and preserves the distinct evidence needed for the selected route. Make the route decision before funds are moved, then preserve the proof specific to that decision. If the purpose, recipient, or applicant changes, do not assume the original transfer can be relabelled. Recheck the current official process and the immigration consequences of the new facts first.

WHAT THIS GUIDE COVERS

  • For EB-5, match the procedure to the investment
  • For Gold Card, reconcile each applicant and payment
  • Keep the outcome separate from the transaction

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