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VERCHÈRES · TN FIELD GUIDE

Does staying on Canadian payroll rule out TN?

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THE DIRECT ANSWER

Remaining on Canadian payroll is not automatically disqualifying. TN turns on citizenship of Canada or Mexico, a qualifying listed profession, its credential alternatives, prearranged professional employment, and temporary entry. What matters is the documented arrangement under which the professional services are supplied in the United States.

Look at the arrangement, not just the pay source

A split structure is not unusual, but it does need to be explained on paper. Counsel will look at which entity has arranged the professional work, what the agreements say about direction and duration, and whether the duties in the United States match a listed profession. Payroll location is one fact among several, and on its own it neither qualifies nor disqualifies an applicant.

The first finding concerns the applicant: Canadian or Mexican citizenship, and the occupation's own rule met. Applicants often assume the licence is the only credential that counts because it is what their profession uses day to day. No fee should be presented as a guarantee that the listed profession’s requirements will be satisfied. Keep any U.S. practice-licensing requirement separate from whether the TN listed credential is met. A Canadian may generally seek admission at a port of entry, while an employer may use Form I-129 where appropriate.