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SIDNEY · ELIGIBILITY BASICS

Record each family member’s actual citizenship and status

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general eligibility basics overview

THE SHORT ANSWER

A Sidney household can contain people with different immigration needs. Canadian residence should not be used as shorthand for everyone’s nationality or US permission. The first decision is to make a person-by-person table of citizenship, permanent residence, current US status, intended activity and relationship to the proposed business or employer. A Canadian PR card records Canadian immigration status; it does not turn its holder into a Canadian citizen, establish treaty nationality, or confer a US work category. That table prevents a household from preparing a single route for people whose legal starting points are different.

01

Apply the TN citizenship requirement

Canadian permanent residence alone is insufficient. Canadian or Mexican citizens still need the listed profession, actual engagement and particular qualifications; a prior case should be compared with present facts. The concrete decision is whether the proposed TN worker can prove Canadian or Mexican citizenship, not simply Canadian residence. A passport or other citizenship evidence settles that point; a PR card does not. The employer's detailed letter then settles the separate question of whether the present duties fit a listed profession and whether the applicant has the specified qualification. Do not schedule work on the assumption that a future citizenship application will cure a present citizenship requirement.

02

Review the business routes separately

L-1 requires qualifying service, organizations and duties. E-2 examines relevant treaty nationality, at least 50% relevant national enterprise ownership, direction and a real nonmarginal investment enterprise. Neither follows automatically from Canadian PR. Treaty nationality and ownership must be checked independently for E-2. Funds must be irrevocably committed and at risk in a real operating enterprise that is not marginal, and the investor must develop and direct it. L-1, by contrast, turns on qualifying organizations, the required foreign employment and the proposed transfer role. Hypothetical example: a Sidney mushroom-spawn producer is owned equally by a Canadian citizen and her spouse, a Canadian permanent resident who is a citizen of South Korea. Their US venture can be assessed for E-2 only after the ownership and treaty-nationality record is clear; the PR card does not add Canadian nationality. If the spouse is the intended transferee instead, the couple must decide whether the company relationship, one qualifying year abroad and specialised-knowledge duties support L-1, rather than calling the same business plan an E-2 application.

03

Identify who needs immigrant residence

A US citizen does not need derivative immigrant admission. EB-5 and Gold Card applicants still face their own eligibility, funding and residence conditions. Do not assume one family member’s citizenship or past status establishes permission for everyone else. For immigrant options, identify the applicant whose money, qualifications and admissibility are being assessed, then list dependants who may qualify through that person. EB-5 requires capital placed at risk and the required job creation, followed by conditional residence when applicable. A Gold Card gift is paid under the programme's instructions to the US government and is not an investment that creates jobs or produces a financial return; EB-1 or EB-2 eligibility, admissibility and visa availability remain material. The family must decide which person has the actual route before adding anyone else to a budget or timeline.

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