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CANTON DE HATLEY · TN FIELD GUIDE

In the Canton of Hatley, does a junior job grade automatically prevent TN eligibility?

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THE DIRECT ANSWER

Assess the actual profession, duties and qualifications rather than the internal grade alone.

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An employer’s hierarchy can use labels differently. Do not invent a universal seniority requirement or assume the title establishes the listed professional activity without supporting duties.

Begin by matching the offered duties to one profession actually listed in the USMCA, then test the applicant’s diploma, licence or experience against that profession’s specific rule. TN also requires Canadian or Mexican citizenship, not merely Canadian permanent residence, plus prearranged professional work for a U.S. or foreign employer at a U.S. entity. A junior grade has no independent legal effect. The recurring error is choosing a category from the payroll label while ignoring day-to-day functions. Confirm ownership as well, because the arrangement cannot be US self-employment. A Canadian may seek classification at a port of entry, or the employer may submit Form I-129.

Hypothetical example: a Canton of Hatley geologist receives an offer as a “junior terrain analyst” from an environmental contractor. She should compare her sampling, subsurface interpretation and reporting tasks with the Geologist profession, place her geology degree beside the support letter, and disclose that she owns no part of the hiring company. Her internal rank does not disqualify her; vague duties might. Before choosing inspection at entry or an employer-filed petition, she asks the company to replace generic “field assistance” language with an accurate account of the professional work.