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FOR PROFESSIONALS · LETHBRIDGE COUNTYLethbridge County

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Hypothetical example: Ines is a Canadian citizen with a bachelor's degree in agriculture who has spent six years as a soil and irrigation specialist for a crop-inputs cooperative in Lethbridge County. A U.S. irrigation-district consultancy wants her to design water-scheduling programs for growers, but the paperwork arrives from a staffing agency: the agency will be her paymaster, the consultancy will direct her work, and the agency's letter invites her to invoice monthly as an independent contractor. The agronomy is clearly within the listed profession of Agriculturist. The problem is the structure of the employment, and it is the structure, not the science, that will be examined at the port of entry.

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

IN THIS GUIDE · An irrigation agronomist whose U.S. offer arrives through a staffing agency

Start with the TN eligibility and application overview

01

The profession fits; the employment arrangement is the open question

TN admission requires prearranged professional employment with a U.S. employer in a profession on the USMCA list, and Agriculturist, which includes agronomist, requires a baccalaureate degree. Ines has the degree and the duties match. What she cannot do is enter to perform self-employed work. An arrangement in which she invoices as an independent contractor with no employer standing behind her reads as self-employment, and a port-of-entry officer is entitled to refuse it. The staffing agency can be a legitimate TN employer if it genuinely employs her, pays her wages, and places her with the consultancy under a written agreement; the letter must say that in plain terms.

02

Two letters are better than one vague one

The cleanest file names the employer that will pay Ines and describes the professional work she will perform at the consultancy. The agency's letter should state the profession, the duties, the salary, the period of employment and the fact that she is an employee. A short supporting letter from the consultancy confirming the project and the professional nature of the work removes the suspicion that the agency is a shell. If the agency insists on contractor invoicing, the answer is to renegotiate, because no volume of supporting paper turns a contractor into an employee.

03

Ownership stakes and side arrangements must be disclosed

Ines has no ownership in either company, which keeps her case simple. A County applicant who holds shares in the U.S. employer or who is one of its founders needs to disclose that interest, because an owner directing her own admission looks like self-employment even when a corporation sits in between. Similarly, a plan to keep consulting for Canadian growers from the United States on the side is separate work, and TN authorizes only the employment described in the letter. Write those side plans down and get them assessed rather than assuming they are invisible.

04

Canadians apply at the port of entry, with everything in one packet

As a Canadian citizen Ines does not need a visa stamp; she may present herself at a port of entry or preclearance with the employer letter, her degree and transcripts, proof of citizenship and the agency-consultancy agreement, or her employer may file Form I-129 with USCIS in advance. Because the question in her case is structural, the port-of-entry packet should be built to answer it: who pays her, who directs her, and for how long. A spouse or child accompanying her may apply for TD status, which permits study but not employment, and each needs proof of the relationship.

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TN · LETHBRIDGE COUNTY

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