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FOR PROFESSIONALS · SAINT-LUCIENSaint-Lucien

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Hypothetical example: Léandre is a Canadian citizen and a licensed land surveyor working out of Saint-Lucien, where most of his files are rural boundary retracements, woodlot subdivisions and drainage right-of-way plans. A firm in northern New England has offered him a position it calls survey manager, running two field crews and sealing plats. Land Surveyor appears in USMCA Appendix 2 and its entry is satisfied by a baccalaureate degree or by state, provincial or federal licensure, so the profession itself is reachable. What nobody in the negotiation has raised is that the plats he is expected to seal must be sealed by someone licensed in that state, and his Quebec licence does not travel with him.

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

IN THIS GUIDE · A surveyor whose federal qualification is settled and whose state licence is not

Start with the TN eligibility and application overview

01

Two separate permissions, granted by two authorities that never speak to each other

Admission in the professional category and authority to practise are decided in different places. The immigration question asks whether Land Surveyor is a listed profession, whether Léandre satisfies its own qualification rule and whether the American position genuinely consists of that profession. The practice question belongs to the state board that regulates surveying where the work will happen, and it may require its own examination, a period of supervised experience or an evaluation of his Quebec education. An officer who admits him is not certifying that he may seal anything. A firm that assumed the border decides both has planned around a permission nobody has applied for.

02

What the phrase survey manager is doing in the offer letter

Titles are the least reliable part of any offer. If the week is spent running instruments, staking lots and processing field data under someone else’s seal, the work is technician work rather than professional surveying, and Appendix 2 treats a Scientific Technician or Technologist as a separate entry with its own rule about working in direct support of a professional in one of its listed disciplines, which are scientific and engineering fields and do not include surveying. If the week is spent making boundary determinations, resolving conflicting descriptions of title and taking professional responsibility for the result, it is the Land Surveyor entry. The description in the letter should say which, in tasks rather than adjectives, because that is what will be read.

03

The Quebec practice cannot simply follow him across

Self-employment in the United States is outside the professional category entirely. Léandre may not open an American surveying practice, take American clients on his own account or invoice the New England firm through his Quebec company while performing the work there; he has to be employed by, or under contract to, an American entity that directs what he does. Any equity the firm offers him has to be disclosed and examined, because a stake large enough to make him his own employer defeats the arrangement. Continuing to serve Quebec clients from Quebec is a different matter and is unaffected, provided the work is genuinely performed here.

04

Citizenship, not residence, and two ways of asking

The category is open to citizens of Canada and Mexico. A permanent resident card, however long held, does not create eligibility, so a colleague who has lived in Quebec for twenty years on permanent residence is outside the category no matter how good the offer is. As a Canadian citizen Léandre may request classification at a land border port of entry or at a preclearance facility without first obtaining a visa, presenting his passport, the employer’s letter and his credentials. Alternatively his employer may file Form I-129 with USCIS and he presents the approval on arrival. A Mexican citizen in the same job would ordinarily go through the visa process at a consular post instead.

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