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ORFORD · ELIGIBILITY BASICS

Use the actual citizenship, education and family facts

USAvisa field guide · 3 minute read Reviewed 7 September 2026

Read the general eligibility basics overview

THE SHORT ANSWER

Orford residents considering US options should distinguish Canadian permanent residence from the separate requirements governing a professional, transfer or immigrant case. A mixed household must decide whether the permanent-resident spouse travels now as a dependant who cannot work, or stays in Québec until citizenship makes a TN of their own possible. That choice also decides how the family protects the Canadian PR card during the years abroad, a question U.S. law does not answer for them.

01

Review TN citizenship and qualifications

Canadian PR alone is insufficient for TN. Canadian or Mexican citizenship, the listed profession and its qualifications remain required. An employer’s acceptance of a foreign degree does not replace the necessary evaluation or any separate practice-licence question.

02

Check the transfer or investment facts

L-1 needs qualifying foreign service, entities and duties; short assignments do not waive those conditions. E-2 needs relevant treaty nationality, at least 50% relevant national enterprise ownership, direction and a real nonmarginal investment enterprise.

03

Assess immigrant requirements at the actual stage

EB-5 capital must meet the amount applicable to the filing, and Gold Card child eligibility needs actual age and relationship analysis. A Canadian residence card does not settle either question or provide US work permission.

04

Plan the dependant years and the Canadian residency obligation together

Hypothetical example: an Orford couple both work in hospitality; she is a Canadian citizen with a hotel-management degree and a job offer at a resort in Vermont, he is a Canadian permanent resident from abroad who has not yet applied for citizenship. She qualifies for TN on citizenship, profession and credential. He cannot: a PR card is not citizenship, so no TN exists for him until naturalization, and as her TD dependant he may live and study in the United States but may not take any job, including seasonal resort work. The couple must also consider the Canadian side. A permanent resident generally needs 730 days of physical presence in Canada in each five-year period to keep that status, and time spent outside Canada accompanying a Canadian-citizen spouse is treated as presence under the governing Canadian rule; they should confirm that treatment with Canadian counsel and keep proof of cohabitation abroad. The decision is whether the years as TD are worth the lost income, or whether he stays, completes citizenship and then joins her on his own TN.

05

Records that keep both statuses defensible

For the U.S. file, the deciding records are her degree, the resort’s letter describing management duties and their marriage certificate for his TD admission. For the Canadian file, keep boarding passes, the U.S. lease naming both spouses, and evidence that she remains a Canadian citizen, since the accompanying-spouse treatment depends on it. When he later applies for citizenship, physical presence counts only days actually in Canada, so the years in Vermont on TD will not advance that application; the couple should decide whether he returns periodically or accepts a longer road. Nothing about a PR card, a shared address or her TN approval creates a U.S. work right for him.

ORFORD · ELIGIBILITY BASICS

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