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CORNWALL · TN FIELD GUIDE

Cornwall: my offer is labelled consultant and I may buy the client — is that still TN?

Sources checked:

THE DIRECT ANSWER

Identify the statutory category's central factual test before relying on an appealing feature of the proposal.

TN planning question: requirements

The decisive inquiry is whether a Canadian or Mexican citizen has a genuine, temporary professional engagement that matches a USMCA-listed occupation and its exact qualification rule. A persuasive résumé cannot cure duties that fall outside that occupation. Nor does a business opportunity turn owner-operated services into qualifying employment.

Hypothetical example: a software-trained applicant is offered a role labelled consultant while separately negotiating to buy the customer. The review should distinguish who employs the person, which duties are professional, who controls the work, and whether the listed occupation's credential rule is met. If a licence is required for the work, its status should be addressed.

The employment must be prearranged; an intention to find clients after arrival is a different proposition. Before acting, compare the written facts with the official source and identify what remains uncertain. Ask whether a changed title, delayed payment, revised ownership arrangement, or different work plan would alter the conclusion.

That exercise is valuable because eligibility is based on the arrangement that will actually exist, not the version that seemed most attractive during early planning. If a material fact is still contingent, label it as contingent and retain the supporting document that will show when it becomes final. The review should also distinguish immigration criteria from commercial prudence.

A proposal may be commercially sensible yet not fit this category, or it may meet a category test while still requiring separate tax, licensing, and contract advice.