IN THIS GUIDE · An ownership stake and a contractor invoice inside a TN offer
Start with the TN eligibility and application overview
Invoicing is not a neutral administrative choice
TN classification rests on prearranged employment with a United States employer, and self-employment in the United States is not permitted under it. An arrangement where Priya bills the American company through her own corporation, sets her own schedule and carries her own liability describes an independent business, not an employment relationship, whatever the parties call it in conversation. The question is not which word appears on the invoice but who directs the work, who bears the commercial risk, and who the surveying client is contracting with. Those answers have to be settled before anyone assesses eligibility. Before travel is considered, compare the actual contract with the letter. A fixed fee, authority to hire substitutes, and responsibility for profit or loss can point away from employment. The useful outcome is a short list of terms the employer must revise, or a clear decision that a different category needs consideration.
The ownership share is disclosed, not hidden
A stake in a company connected to the work is a fact that belongs in the file. Priya's shareholding in the Canadian firm may be entirely irrelevant if the American company is unrelated and employs her directly; it becomes central if the two firms are affiliated, if she would hold equity in the American entity, or if her compensation depends on the profits of the work she performs. The instinct to leave a small percentage out because it seems immaterial is the instinct that turns a manageable question into a credibility problem later. Use primary corporate records, not a verbal description of the ownership. Share registers, voting rights, and distribution rights show whether a small interest is passive or gives practical control. A complete disclosure lets the reviewer explain the consequence rather than guessing from an informal percentage.
The profession is decided by the duties, not the licence alone
Land surveying appears among the USMCA professional categories, and that category carries its own credential requirement, which may be satisfied by a qualifying degree or by the appropriate licence. Priya still has to show that the work she is being engaged to do is professional surveying work rather than project coordination, business development or crew supervision dressed in a surveyor's title. Where a listed profession is also a licensed occupation in the American state involved, the state's own licensing rules apply independently of immigration status and have to be checked on their own timeline. Match each daily responsibility to the listed profession and preserve the credential record that supports it. Job titles often cover commercial tasks as well as professional ones. A reader should be able to see why the specialized duties, rather than the title alone, fit the classification.
What a workable restructure would have to look like
If the parties want an employment relationship, they have to create one: a written offer from the American company naming Priya as its employee, describing professional surveying duties, stating a defined period and identifying the credential relied on. Payment would run through that company's payroll rather than through her corporation. As a Canadian citizen, Priya could request TN classification at a port of entry with the required documents, or the employer could file Form I-129; she does not need a TN visa stamp. Whether the restructured arrangement then satisfies the requirements is a legal assessment, and one that has to be made on the final documents rather than on a draft that everyone intends to revise. The final review should produce a travel-ready package in a logical order: identity evidence, employer evidence, profession and credential evidence, then explanatory corporate material. That sequence makes an inconsistency visible before it becomes a last-minute problem.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.