The relevant question is whether the real position and applicant meet TN requirements, not whether another employee previously held the job. The employer must explain prearranged professional work in an eligible category. A new title or growth ambition alone does not establish that work.
Assess the substance of the proposed hire
Ask what the employee will do during the initial assignment, what professional knowledge is needed and who can verify those facts. Check the corresponding credentials and the applicant’s citizenship and temporary plans. Do not invent a minimum number of employees, revenue threshold or required operating history for this overview.
If the applicant owns or controls the company, review the self-employment issue specifically rather than assuming the corporate form creates an ordinary qualifying employer relationship. Company size is neither a qualification nor a disqualification, so set it aside and examine the proposed hire on its substance. Two things generally need establishing.
The first is that the position genuinely belongs to a listed profession, which turns on the duties rather than the title the business has chosen, and small employers frequently name roles by what is convenient rather than by what the work is. The second is that the employment is prearranged with an identified U.S. employer and is professional in character, which requires an actual arrangement rather than a general intention to take someone on.
Ask the owner what would happen to the work if the hire did not proceed, since the answer tends to reveal whether a defined professional need exists or whether the role is a collection of tasks that has been given a name.