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COUNTY OF BRANT · PLANNING GUIDE

Brantford guide: do not let an offer assume the wrong citizenship route

USAvisa field guide · 3 minute readReviewed 7 September 2026
THE SHORT ANSWER

A Canadian permanent resident can receive a genuine U.S. offer without qualifying for the same route as a Canadian citizen. Separate the employer’s commercial commitment from the applicant’s actual citizenship and immigration requirements. Hypothetical example: a Canadian permanent resident who is a Korean citizen receives an offer labelled “TN-ready.” The immediate decision is to correct the employer’s citizenship assumption rather than prepare a TN letter that cannot establish eligibility. Residence in Canada and Canadian citizenship are legally different facts. Before changing the offer, decide whether the company can support a route that genuinely fits the candidate or should reopen recruitment and timing. A truthful delay is safer than building a travel plan around an unavailable classification.

01

Identify the assumption in the offer

Hypothetical example: an employer writes that the candidate will use TN because they live in Canada. Correct the factual assumption before relying on the proposed process. TN concerns eligible Canadian or Mexican citizenship as well as listed professional work and qualifications. A Canadian residence card is not proof of Canadian citizenship. Ask the employer to identify the exact route it had in mind and why. Then compare that route’s governing facts with the applicant’s passport, qualifications, foreign employment, investment position, and intended duties. This prevents a standard offer template from becoming a false representation about nationality or authorization.

02

Review a different proposal on its own merits

If a company transfer or investment is genuinely contemplated, assess the relevant L or E requirements separately. L needs the qualifying organizational relationship, foreign employment and U.S. role. E-2 needs qualifying treaty nationality and the actual investment and enterprise facts. Do not treat these classifications as automatic fallback labels for an unchanged offer. Do not turn a real commercial idea into a fallback label. A company transfer needs related organizations, the required overseas employment, and a qualifying U.S. role; an E-2 case needs the appropriate treaty nationality, qualifying ownership, real enterprise, and committed capital exposed to loss. Each route has its own evidence sequence.

03

Keep the contract and travel plan provisional where needed

Identify the next commitment and what permission it depends on. Include the citizenship and intended activities of accompanying family members, whose requirements also need review. Confirm the actual process before arranging travel on an assumption embedded in a standard offer letter. No agreement itself creates U.S. work authorization. Choose the next commitment that can wait for the correct analysis. Employment start, travel, payroll, and family relocation should be conditional where authorization is unresolved. Hypothetical example: a laboratory-supply importer wants the candidate to attend U.S. customer demonstrations immediately. The business should decide whether those activities can wait rather than assume the offer itself permits them.

SOURCE NOTES

Editorial source review: 2026-09-07. General preparation guidance, not an individual assessment.

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