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FOR PROFESSIONALS · CALLANDERCallander

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Hypothetical example: Imelda is a Canadian citizen and a social worker in Callander, employed by a community mental-health agency and registered with the Ontario College of Social Workers and Social Service Workers. An American organization that contracts counselling services to school districts wants her for the coming academic year, delivering services in three districts on a rotating schedule. Social Worker is listed in USMCA Appendix 2 and the entry is satisfied by a baccalaureate degree, which her Bachelor of Social Work supplies without argument. The credential is therefore the straightforward part. What nobody has examined is who her employer would actually be, and whether one authorization can cover a week divided between three organizations.

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

IN THIS GUIDE · A social worker whose American week would be split across three separate organizations

Start with the TN eligibility and application overview

01

The degree answers Appendix 2; practice rules are a different obstacle entirely

The entry for this profession asks for a baccalaureate or licenciatura degree and stops there, so unlike several listed health professions it does not make a licence part of the immigration test. That is a narrow point and it is regularly over-read. Whether Imelda may lawfully deliver clinical services in a particular state is decided by that state's own regulation of social work practice, and by what her employer's contracts and insurers demand, and neither question is answered by an Appendix 2 entry. Being admitted to perform a job she cannot lawfully perform on arrival is a genuine problem with an entirely different cause. She should establish the practice position in writing before a schedule is agreed, and run it as a separate workstream.

02

An admission attaches to an employer, and this arrangement may have three

The category requires prearranged professional work for a U.S. employer or entity, and the admission is granted in respect of that employment. If the American organization employs Imelda and the districts are its clients, there is one employer, one letter and one authorization, and the rotation is merely how the service is delivered. If instead each district engages her directly, there are three employments, and an additional employer needs its own authorization rather than riding on the first. The contracts settle this, not the timetable. Imelda should ask to read the district agreements and work out who pays her, who assigns her caseload and whose policies govern her practice, before anyone drafts a support letter.

03

Invoicing through her own practice is the shortcut that ends the application

Social workers frequently keep a small private practice alongside salaried employment, and the tidy-looking way to simplify a three-district rotation is for the American organization to retain that practice as a contractor. This category does not permit self-employment in the United States, and an arrangement under which Imelda invoices an American entity through a corporation she owns sits very close to it in substance. She must be employed by, or under contract to, a U.S. entity that controls her work. Any ownership interest she holds in that entity must be disclosed and examined. Where the Ontario practice continues serving its own clients during the assignment, the boundary between the two should be described plainly rather than left to be inferred.

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