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SENNEVILLE · TN FIELD GUIDE

Does working through an agency disqualify a TN case?

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THE DIRECT ANSWER

Not automatically. TN turns on prearranged professional employment in a listed profession, and multi-party arrangements are assessed on their own documents. What is specifically treated as prohibited is self-employment through a United States entity the professional solely or controllingly owns.

The structure decides it, not the word contractor

Two arrangements described in the same language can differ in who directs the work, who bears its risk, and whom the professional actually serves. Because the analysis is fact-specific, counsel needs the contracts rather than a summary. Where the professional's own corporation sits in the chain and supplies services to a client, ownership becomes the central question, and independent supervision does not resolve controlling ownership.

Beyond the listing and the instrument, the category requires Canadian or Mexican citizenship, prearranged professional work and temporary entry. Assess the actual profession, duties and qualifications rather than the internal grade alone. An internal job title and a listed profession are separate things, and only the second one governs. The payment method does not replace the listed profession’s substantive requirements. Do not assume that calling the project confidential establishes a listed profession or waives its qualifications. A role evaluated on seed volume with agronomy as a courtesy is a sales job and does not fit the listed profession.