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FOR PROFESSIONALS · LAMBTON SHORESLambton Shores

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Hypothetical example: Marguerite Aubin is a Canadian citizen who has run a lakeshore resort hotel in Lambton Shores for fourteen seasons, taking it from ninety rooms to a hundred and forty with a conference wing and two restaurants. A Michigan resort group has asked her to take over its flagship property on a three-year contract. Hotel Manager appears in USMCA Appendix 2, so the occupation itself is available. Her obstacle is narrower and much more common than people expect: her honours degree is in business administration, and the Appendix 2 entry for this profession does not ask merely for a degree. It asks for one in a named field.

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

Start with the TN eligibility and application overview

01

The profession is listed, but the qualifying rule names a subject

Appendix 2 sets out two routes into Hotel Manager. The first is a baccalaureate or licenciatura degree in hotel or restaurant management. The second is a post-secondary diploma or post-secondary certificate in hotel or restaurant management together with three years of experience in that field. Both branches attach the same subject to the qualification, which is why a general commerce, business administration or management degree does not satisfy either branch on its own, however senior the career built on it. Marguerite's fourteen years are relevant to the second branch's experience element, but experience is only half of that branch; without the diploma or certificate in the named discipline there is nothing for the experience to attach to. Officers read this entry literally, and a persuasive résumé does not repair a credential in the wrong subject.

02

What actually closes a gap of this shape

There are three honest ways forward and one dishonest one. She can complete a post-secondary certificate or diploma in hotel or restaurant management, which several Canadian colleges deliver part-time, and then rely on the second branch with her existing experience. She can establish that her degree included a hotel or restaurant management major or concentration named as such on the parchment or the official transcript, which sometimes turns out to be true of hospitality streams inside a business faculty. She can look at whether the American employer would instead petition for a different classification altogether, which is a question for a licensed U.S. immigration attorney. What she cannot do is present the business degree and let the officer infer hospitality from the job history, because the inference is exactly what the rule refuses to make.

03

A profit share is not the problem; owning the operation is

The Michigan group has offered a base salary plus a percentage of the property's operating profit, and has floated the idea that Marguerite might also keep running the small wedding and events business she operates from Lambton Shores, serving American clients while she is there. Incentive pay from a U.S. employer is ordinary compensation and raises nothing. The events business is different, because TN does not allow a person to be self-employed in the United States: the U.S. entity has to employ or contract her and control the work she does. Any equity she is offered in the American company must be disclosed, and a stake large enough that she would effectively be working for herself invites a finding that no genuine employment relationship exists. The side business should stay in Canada, with Canadian clients, or be dealt with before she applies.

04

Where the application is made, and what travels with it

As a Canadian citizen Marguerite needs no visa stamp. She may present herself with her evidence at a land port of entry or at a preclearance facility in a Canadian airport and ask for TN admission on the spot, or the Michigan employer may file Form I-129 with USCIS first and she presents the approval when she travels. A Mexican citizen in the same job would ordinarily go through the visa process at a consular post instead, which is a different sequence with different timing. Admission is granted for a fixed period not exceeding three years and is tied to the employer and duties described, so a change of property, a change of role or a new employer during those three years is a fresh question rather than an internal transfer she can simply take.

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