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FOR PROFESSIONALS · ROXTON PONDRoxton Pond

Your talent.A bigger stage.

Hypothetical example: a product designer living in Roxton Pond is offered a role at a trim and stair-parts manufacturer in the United States, and the employer’s human-resources department tells her the application cannot proceed because she holds a technical diploma rather than a bachelor’s degree. That is a confident statement about a rule nobody has read. The Industrial Designer entry on the professional list agreed in USMCA Chapter 16 is met by a baccalaureate or licenciatura degree, or, in the alternative, by a post-secondary diploma or post-secondary certificate together with three years of experience. Her diploma and her nine documented years may satisfy that entry outright. Work outward from the entry instead of from anybody’s summary of it. Read what it says, note the exact credential it names and whether it names an alternative, then set that text beside the qualification in hand and beside the duties the employer has actually written down. Where all three agree, the file is short and the border conversation is brief. Where they disagree, that disagreement is the file, and it is far better discovered at a kitchen table here than at a counter in front of an officer with a queue behind you.

Talk about TN
PurposeTemporary professional work
Starting pointA qualifying, prearranged role
Key distinctionCitizenship, not residency

IN THIS GUIDE · The listing decides the case, and the listing carries its own qualification rule

Start with the TN eligibility and application overview

01

Read the entry you are relying on, not a neighbouring one

Each listed profession carries a requirement of its own, and the requirements are not interchangeable. Several entries are disjunctive, and those are the ones most often misquoted. Engineer is met by a baccalaureate or licenciatura degree, or by a state or provincial licence. Industrial Designer, Interior Designer, Graphic Designer and Computer Systems Analyst are each met by a baccalaureate or licenciatura degree, or by a post-secondary diploma or post-secondary certificate together with three years of experience. Chemist and Economist are met by the degree. Reading one entry’s rule onto another, or reading an alternative as though it were a second requirement, is how an application arrives short a document or is abandoned for no reason at all. Where a degree was issued outside Canada, Mexico or the United States, a reliable foreign-credential evaluation is a separate item, and a translation is not one.

02

Self-employment is a structural problem, not a drafting problem

TN does not permit a Canadian or Mexican citizen to provide services to a United States enterprise that the same person owns or controls. Installing a nominal supervisor above the applicant does not alter the analysis, and an ownership interest discovered later is far more damaging than one disclosed at the outset. Put every shareholding, membership interest, option and signing authority in writing before anyone travels, along with who is entitled to end the engagement. Where the applicant genuinely holds a stake, say so and take advice about whether another route fits the arrangement better than this one does.

03

How a Canadian and a Mexican citizen each reach the same status

A Canadian citizen ordinarily presents the application at a port of entry or at a preclearance facility and needs no visa stamp from a consulate; alternatively the United States employer files a Form I-129 petition, which some employers prefer because it produces an approval notice before anyone travels. A Mexican citizen ordinarily uses the visa process instead. In each case the classification rests on citizenship, so a permanent resident card from either country does not open it. Accompanying spouses and unmarried children under twenty-one may hold TD status and may study, but TD does not authorize any of them to work.

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TN · ROXTON POND

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