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OSLER · DECISION WORKSHEET

Osler guide: do not let a document summary turn residence into citizenship

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general eligibility basics overview

THE SHORT ANSWER

A short biography may describe a person as Canadian when the intended meaning is residence. Use the actual citizenship and immigration status in a category assessment rather than an informal label. The first review should make an individual fact sheet for every proposed principal and family member: passport nationality, Canadian status, relationship, role in the business, and intended U.S. activity. The decision is whether the person has the category-specific fact that is actually required, rather than whether a biography uses a convenient national label.

01

Record the precise personal facts

Canadian permanent residence is not Canadian citizenship. TN requires the principal to be Canadian or Mexican and meet the listed profession’s conditions. A summary of years living in Canada cannot replace nationality evidence. Use the passport and citizenship evidence to settle nationality, then keep permanent-residence documents in their proper role. Hypothetical example: a permanent resident who operates a mobile dental-laboratory service is described by a customer as Canadian. That description does not establish citizenship for TN; the decision is whether a different category must be assessed.

02

Keep company-transfer and investor tests separate

L requires qualifying foreign employment, related organizations and appropriate U.S. capacity, with continuing international business. E-2 requires relevant treaty nationality, qualifying ownership, investment and direction. A Canadian business history does not automatically supply every one of those conditions. For L, obtain the corporate records, foreign-employment chronology, and proposed U.S. duties; the individual generally needs one continuous qualifying foreign year during the relevant three-year lookback. For E-2, examine treaty nationality and enterprise ownership as well as lawfully sourced capital that is committed, at risk, and directed to a real nonmarginal business.

03

Check the wording for each intended traveller

Hypothetical example: a household summary applies the same nationality to all members despite different passports. Preserve the actual individual facts and dependent process. A shared address or collective label does not establish identical visa-document requirements. Compare each traveller’s passport, civil relationship record, and intended timing before choosing a filing sequence. A family member’s Canadian residence, funds, or business history does not automatically supply the principal’s citizenship, qualifying employment, or investor ownership. The concrete decision is whether the person travels as a qualifying dependent or needs an independently supportable route.

SOURCE NOTES

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

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