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BÉGIN · ELIGIBILITY BASICS

Separate Canadian residence from the qualifying US route

USAvisa field guide · 2 minute read Reviewed 7 September 2026

Read the general eligibility basics overview

THE SHORT ANSWER

A Bégin resident should establish citizenship and the real work or investment facts before relying on a programme label. A first review should produce separate records for immigration status, nationality, employer or enterprise ownership, investment source and intended work. The concrete decision is which route is actually available to the person, rather than which label seems closest to Canadian residence. Hypothetical example: A pastry wholesaler holds Canadian permanent residence and another nationality from an E-2 treaty country; the investor must decide whether the nationality and ownership records support E-2, rather than assuming the Canadian card is relevant.

01

Do not use an address as nationality evidence

Canadian permanent residence alone does not qualify someone for TN, which requires Canadian or Mexican citizenship and the particular listed profession’s qualifications. E-2 depends on actual treaty nationality and enterprise ownership. Graduation from a Canadian institution and residence in Québec do not independently settle either nationality test. Start with the passport or citizenship proof that controls the relevant category, then test it against the route’s other conditions. For TN, the professional work and required qualification remain separate questions even after citizenship is established. For E-2, treaty nationality is only the first step: qualifying enterprise nationality, the investor’s development and direction, substantial capital at risk and a nonmarginal business also require evidence. This sequence prevents residence history from obscuring the real eligibility decision.

02

Assess the other routes on their own facts

L-1 requires qualifying corporate ties, foreign employment and actual US capacity; committee membership or vendor access alone is insufficient. EB-5 needs qualifying capital, jobs and participation. Gold Card still requires EB-1/EB-2 eligibility, admissibility and availability, so a payment or an information request does not itself establish an outcome. For a corporate transfer, obtain formation and ownership records, foreign payroll evidence and a detailed account of the proposed US role. The beneficiary generally needs one continuous qualifying year with the related foreign organization in the preceding three years, and L-1A and L-1B have different overall stay limits. For EB-5, separate commercial return expectations from capital-at-risk, job and conditional-residence obligations. Gold Card payment is a distinct government gift process, not an alternative way to skip the underlying immigrant-category, admissibility or availability review.

BÉGIN · ELIGIBILITY BASICS

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