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ONE DECISION AT A TIME

Read it.
Use it.

Focused guides for the questions that need more than a quick answer. Each includes a worksheet to prepare your next conversation.

FIELD GUIDES · PLYMPTON-WYOMING

Seven decisions, answered before you prepare.

01

TN documents should tell one consistent story about the professional assignment

A TN package is strongest when the citizenship, professional category, credentials, employer arrangement, duties, and temporary purpose agree. Start with the actual job and add documents that prove each fact instead of collecting generic papers.

Hypothetical example: the offer names a professional role but omits the client location, while the scope describes duties at a U.S. customer. List the fact, its document, its date, and its source. The offer can prove terms of employment; a statement of work can explain site duties; neither should claim facts outside the signer’s knowledge.

WHAT THIS GUIDE COVERS

  • Make a fact-to-document list
  • Read the selected USMCA profession carefully
  • Disclose arrangement and ownership facts

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02

Canadian permanent residence and Canadian citizenship answer different questions

Canadian permanent residence can be important to a person’s Canadian immigration planning, but it does not make the person a Canadian citizen for TN. Record nationality from primary evidence before choosing a route.

Hypothetical example: a Canadian permanent resident works for a Canadian company and is sent to a U.S. customer. The employer’s location and the worker’s residence do not answer the citizenship requirement. Confirm nationality with the person’s own passport or equivalent primary proof, then test the proposed classification.

WHAT THIS GUIDE COVERS

  • Identify the individual’s nationality first
  • Do not let a customer contract decide eligibility
  • Compare alternatives without shortcuts

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03

E-2 preparation begins with the transaction mechanics, not a target dollar amount

The useful question is how this applicant’s capital reaches this particular active enterprise, what commercial risk it assumes, and how the applicant will direct the business. The answer must cover nationality, ownership, source, path, commitment, operational role, and non-marginality.

Hypothetical example: an applicant sells shares, receives proceeds, sends money to escrow, and then releases it at closing. Save the sale contract, closing record, account statements, wire confirmations, escrow agreement, and the business purchase documents. A summary table is helpful, but it should point to the underlying record for every material movement.

WHAT THIS GUIDE COVERS

  • Follow the money in order
  • Measure commitment against the business
  • Show who will direct operations
  • Test the operating case

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04

A new L-1 office needs a dated operating plan and evidence of the foreign business

New-office planning should show a real proposed U.S. operation, sufficient physical premises, the continuing foreign organization, and a credible path to a managerial, executive, or specialized-knowledge role as applicable. Initial treatment is limited, so distinguish signed facts from future expectations.

Hypothetical example: a foreign company creates a U.S. subsidiary, signs a workspace lease, and plans to hire after launch. Preserve formation records, ownership evidence, lease terms, proof that the premises are sufficient, and the foreign company’s actual business records. An address alone does not explain how the office will operate.

WHAT THIS GUIDE COVERS

  • Establish the entities and premises
  • Build the role around the developing operation
  • Preserve evidence for the later review

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05

L-1 and E-2 answer different questions about a business plan

A person may be both a senior employee and a prospective owner, but the facts supporting an intracompany transfer differ from those supporting treaty investment. Compare them by evidence categories rather than by job title or enthusiasm for the enterprise.

Hypothetical example: an employee with delegated contract authority plans to buy a share of the U.S. venture. The delegation may help explain an L-1 role, while the purchase and funding evidence may matter to E-2. It is not useful to treat authority to sign as proof of ownership, or ownership as proof of a qualifying transfer role.

WHAT THIS GUIDE COVERS

  • Ask whether the person is transferring or investing
  • Apply the L-1 framework on its own terms
  • Apply the E-2 framework on its own terms

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06

A family relocation plan should give every person a separate line of analysis

Family members can share housing, finances, and travel goals while having different immigration questions. Start with the principal’s route, then record every accompanying person’s relationship, age, nationality, intended activity, documents, and timing.

Hypothetical example: a parent contributes money to an adult child’s business and expects to help after arrival. Funding does not turn the parent into a dependent, and family travel does not make the parent an authorized worker. Describe the money arrangement and the parent’s intended activity separately from the principal’s eligibility.

WHAT THIS GUIDE COVERS

  • Separate financial support from family category
  • Describe actual activities
  • Protect date-sensitive records

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07

EB-5 capital and Gold Card gift payment should never be conflated

EB-5 is an immigrant-investor category with capital at commercial risk and job-creation requirements. The official Gold Card process is not a conventional visa or an EB-5 investment; its stated core payment is made by the applicant to the U.S. government. Each needs its own evidence and current official instructions.

Hypothetical example: a person has funds available for either a commercial project or an official gift payment. The EB-5 side requires analysis of capital, enterprise, jobs, source, path, and conditional residence. The Gold Card side requires the current official program details and eligibility. Calling both transactions “investment” would hide their different legal character.

WHAT THIS GUIDE COVERS

  • Classify the money before comparing routes
  • Document EB-5 on its own record
  • Describe the Gold Card payment accurately
  • Do not collapse immigration outcomes
  • Set a verification checkpoint

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