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SIDNEY · PROFESSIONAL WORK

Review the old file against the current offer

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general professional work overview

THE SHORT ANSWER

Sidney applicants returning to US work should distinguish useful historical records from evidence of today’s actual professional engagement. The decision is whether to reuse the old letter’s structure or start from the present offer. When the duration has changed from a fixed term to open-ended and the package now includes equity, the returning applicant must decide to request a fresh letter with a defined temporary period and a written ownership disclosure rather than presenting the file that worked before.

01

Compare the proposal

Identify current duties, employer, remuneration and duration. An unchanged title does not establish that every relevant term remains the same.

02

Reconfirm the applicable qualification

TN requires Canadian or Mexican citizenship, a listed USMCA profession and that profession’s particular qualifications. A previous favourable decision does not guarantee a later result or replace review of changed facts.

03

Check ownership and the process

Sole or controlling ownership of the US enterprise receiving services raises prohibited self-employment. Canadians generally may seek visa-exempt TN admission; Mexicans generally need a visa, with employer petitions where appropriate. Do not rely on an expired letter as proof of a new permission.

04

Hypothetical example: an aerospace engineer returning with equity in the offer

Hypothetical example: a Sidney aerospace engineer held TN status for three years with a US aircraft-maintenance company, returned to Canada, and is now invited back by the same company as technical program lead. He still has the old support letter, the old I-94 record and the same bachelor’s degree in aerospace engineering, and assumes the file will simply be refreshed. Two things have changed. The earlier letter set a three-year assignment; the new offer is open-ended, and an engagement with no stated end date invites the question whether the stay is temporary. The new package also includes restricted stock units in the employer. Equity in the enterprise receiving his services must be disclosed; a small grant to an employee is not the same as a controlling stake, but it is the officer, not the applicant, who weighs that. The prudent file uses a new letter that describes the engineering duties beneath the program-lead title, states a defined period of up to three years, and explains the equity grant as employee compensation. The old letter is carried only as history of prior compliant stays.

05

Sequence the fresh letter, the disclosure and the entry

First, compare the old and new offers line by line: employer entity, title, duties, pay, duration, location and any ownership. Second, ask the employer to reissue the support letter on the present terms, with the duties written as engineering work, since program lead is not a listed profession and only the underlying engineering qualifies. Third, prepare a one-paragraph disclosure of the equity grant with the plan document attached. Then present the package at a port of entry as a Canadian citizen, or have the employer file Form I-129; no visa stamp is needed. A spouse on TD may study but cannot work, so a working spouse plans separately.

SOURCE NOTES

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

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