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WARMAN · DECISION WORKSHEET

Warman guide: distinguish a new job from a change in citizenship

USAvisa field guide · 2 minute readReviewed 7 September 2026

Read the general eligibility basics overview

THE SHORT ANSWER

A new offer can change the proposed activity without changing nationality. Record actual citizenship and Canadian residence separately before selecting a U.S. category. Start with the passport or other citizenship proof, immigration record and the exact U.S. proposal. That review distinguishes residence in Canada from nationality and avoids making an employment choice before a category can be tested. The decision is whether citizenship is presently established or whether another route must be evaluated on its own facts.

01

Identify the person’s existing nationality

Canadian permanent residence is not Canadian citizenship. TN requires Canadian or Mexican citizenship as well as qualifying professional work. An employer’s willingness to hire does not establish that personal criterion. Keep a citizenship document separate from a permanent-resident card, pending citizenship application or employer description. For TN, Canadian or Mexican citizenship is required alongside the profession and credential rules. A future ceremony or eligibility belief cannot supply the present nationality condition.

02

Assess other routes on their own evidence

E-2 requires treaty nationality and qualifying enterprise ownership, investment and direction. L requires qualifying foreign employment, related organizations and appropriate U.S. duties. A role change does not automatically satisfy either framework, and the employer’s preferred label cannot replace the facts. For L, map the related entities, foreign employment period and proposed duties; for E-2, map treaty nationality, enterprise ownership, capital commitment, risk and nonmarginality. Each record answers a different category question. Hypothetical example: a violin-bow restoration business hires a Canadian permanent resident for a U.S. workshop, while the owner's sibling offers to fund a separate venture. The parties must decide which facts belong to an employment analysis and which belong to an investor analysis.

03

Keep each relative’s process individual

Hypothetical example: a principal and spouse have different citizenships and plan to travel at different times. Identify their actual documents, relationship and intended status. Do not assume one person’s nationality or visa-document requirements apply to the other. For each relative, collect passport, civil-relationship and intended travel information. Dependent status does not copy a principal's nationality. The household must decide whether staggered travel, visa-document requirements and planned work or study are consistent with each person's actual category.

SOURCE NOTES

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

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