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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 · STONEWALL

Seven decisions, answered before you prepare.

01

Reconcile a conditional TN offer before assembling the final evidence

A Stonewall applicant can use the document review to identify which offer terms are confirmed and which still depend on another decision. Citizenship, the listed profession, actual duties and the profession-specific qualifications must fit together. A document package should explain the real proposal rather than hide uncertainty behind a polished support letter.

Hypothetical example: an employer’s offer and a client’s assignment description use different duties. List each difference and identify who can confirm the actual work. Preserve dated versions and explain genuine changes. Do not choose whichever description seems most favourable without resolving the underlying facts.

WHAT THIS GUIDE COVERS

  • Create a dated offer comparison
  • Assign evidence to the correct party
  • Review the final facts before travel

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02

Separate a Stonewall household’s Canadian status from U.S. route eligibility

Canadian permanent residence describes a person’s status in Canada, not citizenship or U.S. work permission. Record actual citizenship and the proposed work, transfer or investment before choosing a U.S. route. The six services have different nationality, employment and funding requirements that residence alone cannot satisfy.

Hypothetical example: two household members live at the same Canadian address but hold different citizenships. Record each person’s documents separately. TN requires eligible Canadian or Mexican citizenship; a Canadian permanent resident does not qualify for TN on residence alone. Do not infer a spouse’s citizenship from the principal’s passport.

WHAT THIS GUIDE COVERS

  • Begin with identity and citizenship
  • Compare the actual alternatives
  • Keep Canadian obligations in the separate review

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03

Read the Stonewall investor’s payment conditions before classifying the funds

An E-2 funding worksheet should explain the source, path and actual legal commitment of each payment. The required investment is substantial and at risk in a qualifying real enterprise; the investor must meet nationality and development-and-direction requirements. Neither a deposit deadline nor a large purchase price establishes the whole case.

Hypothetical example: the buyer combines savings with borrowed funds. Identify the borrower, lawful origin, transfer path and all collateral. Personal-asset-secured or unsecured loans may be considered, while enterprise-secured borrowing does not count as qualifying E-2 capital. Do not overlook enterprise assets in a mixed-security arrangement. Mixing personal collateral with enterprise assets does not make that debt qualifying investment capital.

WHAT THIS GUIDE COVERS

  • Trace borrowed and transferred money separately
  • Read cancellation and escrow terms
  • Review the enterprise independently

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04

Separate first-year staffing assumptions from the actual new-office requirements

A Stonewall transfer plan should first identify whether the relevant U.S. organization falls within the L new-office framework. A newly leased site or new team does not automatically decide the issue. If the provisions apply, L-1A and L-1B have different evidence requirements and the initial petition period is limited to no more than one year.

Hypothetical example: the employer opens another location while already conducting U.S. business. Identify the legal organization and when it began providing goods or services. Incorporation and a lease alone do not establish the complete operating history. Have the applicable framework assessed before preparing the evidence.

WHAT THIS GUIDE COVERS

  • Establish the actual business history
  • Use the correct role-specific evidence
  • Plan to document what actually happens

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05

Compare a conditional company transfer with a proposed business purchase

A Stonewall applicant may have two genuine opportunities, but the facts supporting L and E-2 should remain separate. L concerns a qualifying intracompany transfer and the applicant’s employment and role. E-2 concerns qualifying treaty nationality, committed investment and development and direction of an eligible enterprise. One proposal cannot borrow missing facts from the other.

Hypothetical example: the applicant’s employer offers a transfer while an unrelated seller offers a business purchase. Identify the actual employer, duties and company relationship for L, and the capital, nationality and control for E-2. A purchasing discussion does not establish qualifying foreign employment or corporate affiliation.

WHAT THIS GUIDE COVERS

  • Create two independent fact records
  • Compare the actual work and obligations
  • Identify the next irreversible step for each option

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06

Map the household decisions that depend on an immigration outcome

A Stonewall household can share a relocation goal while each person needs a separate work, study and status analysis. Record citizenship, relationships, ages, current documents and intended activities. Identify which commitments depend on the principal’s case and which require their own authorization or professional advice.

Identify the employer, recurring tasks and place where the spouse would perform the work after relocation. TD prohibits employment from the United States, including a remote role for a Canadian employer. A qualifying E or L spouse may be employment-authorized incident to valid status with appropriate documentation; planning to seek that status does not grant its rights today. Keep the proposed start tentative until the actual individual evidence has been assessed rather than relying on the household’s preferred move date.

WHAT THIS GUIDE COVERS

  • Put the spouse’s remote duties in the written move plan
  • Separate school arrangements from status duration
  • Give each staggered arrival its own document check
  • Respect the order of immigrant entry

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07

Compare commercial capital at risk with the official gift-based framework

A Stonewall household comparing EB-5 and Gold Card should begin with the legal nature of the payment. EB-5 is a qualifying commercial immigrant-investment route with capital-at-risk and job-creation requirements. The official Gold Card FAQ describes a gift-based route connected to EB-1 or EB-2 permanent residence, subject to the applicable requirements and visa availability.

Hypothetical example: one proposal offers an interest in an EB-5 project while another concerns an official Gold Card gift. Read the actual terms. Do not describe the gift as a recoverable investment or treat a commercial subscription as satisfying the gift framework. Any promised EB-5 return must be considered against the capital-at-risk rules.

WHAT THIS GUIDE COVERS

  • Identify what the payer receives and what is promised
  • Compare the evidence and household obligations
  • Keep financial and immigration outcomes distinct
  • Compare what the two payment records would actually prove

Read the full guide