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ONE DECISION AT A TIME

Read it.
Use it.

Focused guides for the questions that need more than a quick answer. Each includes a worksheet to prepare your next conversation.

FIELD GUIDES · CHAMPLAIN

Seven decisions, answered before you prepare.

01

The diploma-plus-experience route for a medical laboratory technologist: which three documents carry it

Hypothetical example: a Champlain medical laboratory technologist holds a three-year college diploma rather than a bachelor's degree and has an offer from a U.S. hospital laboratory. Medical Laboratory Technologist is listed for TN with two routes: a baccalaureate, or a post-secondary diploma or certificate plus three years of experience. Her case rests on three documents, the diploma with its transcript, a dated experience record confirmed by employers, and the hospital's letter, and each must meet a definition rather than a general impression.

WHAT THIS GUIDE COVERS

  • The diploma must meet the regulation's definition, not just be called one
  • The experience record must add up to three years of the profession
  • The hospital letter must describe a technologist's job and the credential route claimed

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02

A permanent resident who is a French citizen: E-2 on his own passport, TN never

Hypothetical example: a Champlain permanent resident is a French citizen who runs a small construction firm and is considering a U.S. venture. TN requires Canadian or Mexican citizenship, so it is closed to him until he naturalises, and a PR card does nothing for it. E-2, however, tests treaty nationality, and France is a treaty country, so he may qualify as an investor on his own passport without waiting for Canadian citizenship. L-1 and EB-5 ignore nationality altogether. Each route asks a different question of the same person.

WHAT THIS GUIDE COVERS

  • TN: the passport question is the first and only question that matters here
  • E-2: France is a treaty country, so his nationality opens the route now
  • L-1 and EB-5: nationality is irrelevant, so the other facts decide

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03

A small freight brokerage as an E-2 enterprise: proportionality when the business needs little capital

Hypothetical example: a Champlain trucking owner wants to buy a small U.S. freight brokerage, a business with few assets, a modest purchase price and revenue that depends on relationships. E-2 measures whether the investment is substantial by proportion to the total cost of establishing or buying that business, not by an absolute figure, so a low-cost business demands that the investor fund most or all of it. Marginality is then the harder question, because a brokerage that supports only the buyer's family, with no employees, may fail it.

WHAT THIS GUIDE COVERS

  • Substantiality is a proportion, and for a cheap business the proportion must be high
  • Marginality is where a one-person brokerage usually fails
  • Commit the money, keep control, and keep the trucking company out of it unless it is the investor

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04

The first year of a U.S. sales and service office: what to do in months one to twelve

Hypothetical example: a Champlain grain-handling and feed equipment company has signed a lease for a U.S. sales and service office and wants to send its sales director to open it. Because the U.S. entity has not been doing business for a year, the L-1A petition is a new-office petition: approved for one year, on evidence that premises are secured and that the operation will support a managerial position within twelve months. This guide is written as a month-by-month plan, because the extension at the end of the year is decided by what the office actually did.

WHAT THIS GUIDE COVERS

  • Before filing: entity, lease, ownership and the director's own year
  • Months one to six: hire, invoice, and record the shift from doing to managing
  • Months seven to twelve: prepare the extension while the year is still running

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05

A wood-pellet producer's choice: transfer the production manager or have the owner invest in a U.S. distributor

Hypothetical example: a Champlain wood-pellet producer wants a U.S. presence. Option one is to form a U.S. subsidiary and transfer its production manager under L-1A to set up and run it. Option two is for the owner personally to invest in an existing U.S. distributor and apply for E-2. The two options have different applicants, different deciding documents and different futures: L-1A is the company's petition for an employee and turns on his year abroad and managerial role; E-2 is the owner's own application and turns on her nationality, at-risk funds and control.

WHAT THIS GUIDE COVERS

  • Option one: the company petitions for the manager
  • Option two: the owner invests and applies in her own name
  • Decide by who should be in the United States and which facts already exist

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06

An E-2 household where the son turns twenty-one halfway through the visa

Hypothetical example: a Champlain couple hold E-2 status through the wife's investment in a U.S. business; the husband works incident to his derivative status, and their son, now nineteen, is starting college in the United States. On his twenty-first birthday the son loses derivative eligibility whatever his parents' status, so the family's planning question is not whether but when and how he changes to a status of his own. Each person's rights are separate: the investor's, the working spouse's and the student's.

WHAT THIS GUIDE COVERS

  • The son: change status before the birthday, not after
  • The husband: broad work rights that end when hers do
  • The investor: keep the enterprise qualifying, because everyone depends on it

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07

Land sold to a developer: a regional-center EB-5 investment or a Gold Card gift

Hypothetical example: a Champlain farmer is selling a parcel to a residential developer and wants the proceeds to secure permanent residence in the United States for himself, his wife and their seventeen-year-old daughter. EB-5 through a regional center puts the capital at risk in a job-creating project and demands a full source-of-funds trace; the Gold Card, under its official framework, is a gift to the U.S. government plus a processing fee, not an investment. The two differ on three points that matter to this family: risk, recoverability and the evidence each demands.

WHAT THIS GUIDE COVERS

  • Risk: EB-5 capital can be lost; the Gold Card gift is not meant to return
  • Recoverability and fees: read both sets of terms before any transfer
  • Evidence: a full trace for EB-5, the official page for the Gold Card, and the daughter's age for both

Read the full guide