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ONE DECISION AT A TIME

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Use it.

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

FIELD GUIDES · TOWN OF LASALLE, ONTARIO

Seven decisions, answered before you prepare.

01

A changed production schedule can change the job described in a TN file

An offer may have been written before the employer settled the production schedule. If the applicant would now spend substantial time covering line duties, obtain that revised account before relying on an earlier professional description. The issue is the actual proposed work, not whether the old document remains signed.

Hypothetical example: an engineering offer describes design validation, but a later shift plan assigns regular machine operation while a vacancy remains open. Keep both records. Ask who approved the change, how long it is intended to last and what the applicant would do each week. A temporary staffing explanation does not by itself decide whether the whole position qualifies.

WHAT THIS GUIDE COVERS

  • Compare the original and revised work allocation
  • Identify the qualification independently of the schedule
  • Make the evidence agree with the intended arrangement

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02

A partner’s Canadian citizenship does not establish the applicant’s TN citizenship

Citizenship must be assessed for the person seeking TN classification. A Canadian permanent resident does not become a Canadian citizen because a partner is Canadian, and marriage does not replace the professional applicant’s own eligibility. A possible dependent route is a separate question with separate activity limits.

Hypothetical example: a permanent resident with a U.S. offer is told to use a partner’s Canadian passport in the family file. Record each person’s citizenship, Canadian status, proposed U.S. role and supporting documents. Do not use a household label such as Canadian family as the answer to an individual nationality requirement.

WHAT THIS GUIDE COVERS

  • Write down each person’s existing position
  • Distinguish principal and dependent possibilities
  • Ask about alternatives without assuming the outcome

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03

A nephew’s contribution needs ownership and control terms, not just a bank receipt

A joint purchase requires an explanation of whose money is committed, whose rights the documents create and who will develop and direct the U.S. enterprise. A family relationship does not supply those terms. Prepare the funding record and the governance agreement together.

Hypothetical example: one buyer supplies property-sale proceeds while a nephew supplies cash and expects repayment before profits are divided. Determine whether the second contribution is debt, equity or a gift. Record the recipient, conditions, repayment obligations and each contributor’s rights. Do not assume that a payment labelled family help leaves ownership or control unchanged.

WHAT THIS GUIDE COVERS

  • Identify what each contribution buys
  • Test nationality and direction using the resulting structure
  • Connect the funds to enforceable commitments

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04

An existing U.S. location makes the new-office premise a question to verify

Before preparing a one-year startup narrative, identify what the U.S. organization already does and for how long. Adding an address does not alone establish that the petition qualifies for new-office treatment. The relevant history belongs to the actual organization and business activity.

Hypothetical example: a Canadian company calls a second U.S. site its new office, although its American subsidiary already invoices customers through an older location. Collect formation dates, first contracts, invoices, payroll and a description of activity at both addresses. Ask which organization would employ the transferee and which petition framework fits those facts.

WHAT THIS GUIDE COVERS

  • Recover the operating history before naming the filing
  • Separate the applicant’s role from shareholder status
  • Use the new-office requirements only when applicable

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05

A minority shareholder’s employment history and investment rights answer different questions

A person may be both an employee and an investor. Assess the transfer and investment possibilities from a single accurate record, while keeping the requirements distinct. A share certificate alone neither proves qualifying employment nor explains the ability to direct a treaty enterprise.

Hypothetical example: a manager buys shares in the Canadian employer shortly before a proposed U.S. move. Record when employment began, what duties were performed, when shares were acquired and what rights changed. Preserve payroll and duty evidence from before the acquisition instead of describing the entire period as ownership.

WHAT THIS GUIDE COVERS

  • Build a chronology of both relationships
  • Identify what the U.S. proposal would require
  • Compare the practical consequences after eligibility

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06

A common-law household needs individual immigration roles before a joint moving date

Household planning should reflect the relationship that the applicable U.S. category recognizes. Living together does not by itself make a partner a qualifying dependent spouse. Establish each person’s proposed status and activities before building commitments around a shared departure.

Hypothetical example: partners have shared a home for years, but the relocation form simply lists spouse. Record whether they are legally married and provide the actual civil documents. Ask how the applicable category treats their facts rather than using a benefits-plan label as proof of immigration eligibility. A common-law union requires legal recognition as a valid marriage under the applicable law; simply living together or using a workplace-benefits label is insufficient.

WHAT THIS GUIDE COVERS

  • Document the relationship without changing its description
  • Connect employment plans to the status actually available
  • Keep the moving plan reversible while questions remain

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07

A sibling buyout must establish the investor’s right to the money

When family business proceeds are divided among several owners, the sale price is not necessarily the amount available to one applicant. Trace the applicant’s ownership, the settlement terms and the actual distribution before comparing permanent-residence funding routes.

Hypothetical example: siblings sell a business and one receives the full closing payment into a jointly controlled account while later distributions remain disputed. Gather ownership records, the purchase agreement, closing statement and distribution agreement. Identify liabilities and restrictions. Access to an account does not by itself establish legal entitlement to all its funds.

WHAT THIS GUIDE COVERS

  • Reconcile the sale with the distribution
  • Separate the EB-5 evidence from the family settlement
  • Treat Gold Card payments as a different commitment

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