IN THIS GUIDE · Mapping every party to a secondment before choosing a TN route, when Canadian payroll and U.S. direction of the work are split
Start with the TN eligibility and application overview
List every entity and what each one actually does
Write out the parties: the Canadian employer, the U.S. entity directing the work, any intermediary or staffing company, and the end client if there is one. For each, record who signs the agreement, who pays, who assigns and approves the work, and who can end the assignment. Work from the signed documents rather than from an internal description of how the arrangement is meant to function. Compare the duty letter with work orders, invoices, reporting lines and the person who accepts the work. That gives the first review an evidence list that either confirms the arrangement or identifies the document needing correction.
Raise ownership interests before anything is filed
Sole or controlling ownership of the U.S. entity receiving the services is treated as prohibited TN self-employment. Control need not mean majority share ownership, and an independent supervisor does not cure controlling ownership. This does not prohibit all contracting arrangements or require a direct U.S. employer in every permitted structure. Disclose shareholdings, options and governance rights. The practical decision is whether the applicant can perform services without controlling the recipient through ownership or governance rights. A nominally external contract does not solve that issue if voting rights or agreements leave the applicant in control of the business.
Describe the professional work, not the secondment mechanics
Secondment agreements often concentrate on payroll, benefits continuity, tax, and cost allocation between entities, and say little about the work itself. TN turns on a qualifying listed profession, prearranged professional employment, and the credential alternatives set out for that specific profession. Obtain a separate duty document from the entity directing the work, describing tasks, seniority, deliverables, term, and location in concrete terms. Decide which listed professional category is being relied on before collecting education records. The record that settles the point is the credential rule for that category, read with the documented duties; a résumé or title cannot fill a missing occupational connection.
Choose the route only once the structure is settled
Canadian citizens are generally visa exempt and may seek TN admission at a port of entry; Mexican citizens generally need a visa, and a petition route through USCIS may also be relevant depending on the facts. Whichever applies, an approval is not admission, and admission is not the same as a start date. Settle the contractual picture first, so the documents presented tell one consistent story. For a Canadian citizen, the timing choice is ordinarily between requesting classification during inspection or having the employer pursue an I-129 petition when that route fits. Neither path permits a role in a business the applicant owns or controls, and a changed contract should be assessed before travel.
Keep translation separate from credential evaluation
An awarded degree, transcript, credential evaluation where truly needed, and any required licence answer different questions.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.