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KENT · NATIONALITY IS A DOCUMENT

A Dutch citizen with Canadian permanent residence in Kent: which routes use which nationality

USAvisa field guide · 3 minute readReviewed 7 September 2026

Read the general eligibility basics overview

THE SHORT ANSWER

Hypothetical example: a Kent farm-operations manager holds Dutch citizenship and Canadian permanent residence. His PR card gives him no TN eligibility, because TN requires Canadian or Mexican citizenship. His Dutch passport, however, is a treaty-country nationality for E-2 purposes, and L-1 does not look at nationality at all. The route depends on which document he holds, not on how long he has lived in Kent, and each family member's own nationality is assessed separately.

01

What the PR card cannot do

TN is available only to citizens of Canada or Mexico. A permanent resident of Canada, however established, is not a Canadian citizen and cannot use the TN category on the basis of residence, Canadian education or a Canadian employer. The same person also cannot present at a port of entry as a Canadian for TN purposes, and would need to apply for the visa classification appropriate to his own nationality through the ordinary consular process for any category that requires a visa stamp. If naturalization is in progress, the timing of the citizenship ceremony becomes the timing of TN eligibility, and nothing can be filed on the expectation of it. A Kent employer that assumes every long-term employee is Canadian should ask for the passport before drafting any TN letter.

02

What the Dutch passport can do

The Netherlands is a treaty country for E-2, so this applicant can be a treaty investor if he owns at least half of a U.S. enterprise and the enterprise is at least half owned by Dutch nationals, or by nationals of a single other treaty country. His Canadian permanent residence is irrelevant to that assessment, and he would apply at a U.S. consulate with his Dutch passport. The remaining E-2 conditions—a substantial investment irrevocably committed and at risk, a real operating business that is not marginal, and his role developing and directing it—apply in full. If his spouse is a Canadian citizen, she carries a different treaty nationality, and the enterprise's ownership must be structured so that one treaty nationality holds at least fifty percent; two nationalities cannot be added together.

03

What needs no nationality at all

L-1A and L-1B depend on a year of qualifying employment within a corporate group and on the nature of the U.S. role, not on citizenship. If the Kent operation is part of a group with a U.S. parent, subsidiary or affiliate, he can be transferred as a manager or specialized-knowledge employee on his Dutch passport with a visa issued at a consulate. EB-5 and the Gold Card framework likewise do not require a particular nationality, though visa availability for immigrant categories is assessed by country of chargeability, which for him is the Netherlands unless cross-chargeability through a spouse applies. In every case, his children's eligibility follows their own citizenship and age, and a child born in Canada may be a Canadian citizen with TN or TD options the parent does not have.

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