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FOR PROFESSIONALS · RURAL MUNICIPALITY OF EDENWOLDRural Municipality of Edenwold

Your talent.A bigger stage.

Hypothetical example: a management consultant based in the Rural Municipality of Edenwold runs her practice through her own Saskatchewan corporation. A U.S. ag-input distributor wants her on site for ten months to redesign its inventory planning and branch reporting. Management Consultant is a listed profession, satisfied by a baccalaureate degree or by five years of experience as a consultant or in the specialty related to the engagement. The difficulty is not her qualification; it is the arrangement. TN does not permit self-employment in the United States, and a consultant who simply keeps invoicing through her own company from inside the country is close to that line. The engagement must be structured so the U.S. distributor is the entity engaging her professional services, and the letter must come from it. This page concentrates on the sequencing and on what the engagement letter has to say.

Talk about TN
PurposeTemporary professional work
Starting pointA qualifying, prearranged role
Key distinctionCitizenship, not residency

IN THIS GUIDE · Keep a self-employed management consultant on the right side of TN's self-employment bar

Start with the TN eligibility and application overview

01

Understand how the self-employment bar applies to consultants

Management consultants are a recognized exception to the usual employer-employee pattern: the profession is often practised on contract, and the regulations allow a U.S. entity to engage a consultant's services rather than employ her. What is not allowed is the consultant establishing herself in business in the United States or being the controlling owner of the U.S. entity that engages her. Her Canadian corporation may remain the contracting party with the distributor, but the letter supporting admission must be from the distributor, describe the professional services and the period, and show that the distributor, not the consultant, is the source of the engagement.

02

Choose which qualification line to rely on and prove it

If she holds a relevant bachelor's degree, the degree is the cleanest evidence. If not, five years of experience as a management consultant, or five years in the field of specialty that the engagement concerns, must be shown by a statement or professional credential attesting to it. For an inventory-planning engagement, five years in supply-chain management for an ag-retail business would be the specialty route. Build the file with client engagement letters, contracts, invoices and a chronology, and have the letter identify the line relied on. Officers examine the experience alternative carefully; a résumé alone will not carry it.

03

Describe the work as consulting, not as filling a vacant job

A consultant admitted on TN should be advising, analysing and recommending, and possibly implementing a project, for a defined period. If the distributor's real intention is to install her as its operations manager, that is employment in a different role and the Management Consultant category does not fit. The letter should set out the project scope, deliverables, reporting arrangement and end date, and should avoid language about supervising the distributor's staff as a line manager. Where the engagement will be extended, a new letter describes the new scope.

04

Apply as a Canadian citizen and keep the household in view

Canadian citizens present the TN package at a port of entry or preclearance location, or the U.S. entity files Form I-129 in advance. Consult the current USCIS schedule for Form I-129 charges and CBP for any port-of-entry charge. Because she is a citizen, no visa stamp is required. Her spouse and unmarried children under 21 may accompany her in TD status and may study, but may not work. Ownership stakes in any U.S. business should be disclosed, and her Canadian corporation's continued existence is fine provided it is not the vehicle for selling services to other U.S. clients from inside the country.

PUT THE DETAILS TO WORK

Guides for your next decision.

TN · RURAL MUNICIPALITY OF EDENWOLD

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