Can I stay 3-4 months/yr. in the U.S. and make sales calls?

jonathanj800
New Member



Joined: 14 Feb 2008
Posts: 8
Location: Toronto

Posted: Thu Feb 14, 2008 9:35 am

 

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Hi,

Would you be able to shed any light on this specific situation? (I'm new to this research, so I hope you'll forgive any glaring gaps in my knowledge or rationale.)

It's my understanding that a B1 visa allows me, under NAFTA and as a Canadian sole proprietor, to make prospecting sales calls in the U.S. on behalf of my small Canadian website-design company (as long as I don't produce a product or service for any U.S. clients while I'm in the U.S. or get paid by a U.S. client while I'm there).

My questions are:

1) If I wish to be in the U.S. for a 4-month period during the Canadian winter and plan to make numerous sales calls there on behalf of my company during that period (under a B-1 visa), what would be the best way to explain my circumstances/intentions at the U.S. port of entry? That is, do I require a formal B-1 visa in order to conduct such extended sales calls or is the presumption that, as a Canadian, I am entitled to conduct such sales work during any visit to the U.S. and must simply conform to the bounds of that B-1 visa's conditions (i.e., no actual work done or remuneration received while in the U.S.).and that I could simply thus enter as a tourist/snowbird and be permitted to conduct my sales calls within B-1 rules?

2) Would you agree with the two, informal/preliminary responses which I received from attorneys, who both suggested that the following would be quite legal with regard to my B-1 conformity:

I could travel from Canada to, say, Dallas, TX, to make a sales call on a Monday, secure a new client's commitment to purchase a website-design project on that same day, then enter Mexico on Tuesday, create the website product on Wednesday while still on Mexican soil.and then either e-mail the finished product from Mexico to the U.S. client or, to be extra cautious, e-mail the finished product to my Canadian office, which would then both e-mail and ground-ship the finished product to the customer on Friday (they didn't seem to think that my hand-delivering the product to the U.S. client, upon my return from Mexico, was a good idea).

That is, I'll have produced nothing in the U.S., have been paid nothing in the U.S., and would leave all billing to my Canadian office. Is it thus reasonable to assume that neither the American nor Mexican visa authorities or income-taxation agencies would have any concern about such activities?

3) Do U.S. length-of-stay restrictions affect my above length-of-stay preference? That is, is there any obstacle to the above situation where I may wish to be in the U.S. for approximately 4 winter months annually (Nov.-Mar.), conducting legitimate, regular sales calls there during that extended period, then returning to Canda but planning to return to the U.S. the following November to do it all over again?

Would you elaborate on the circumstances when Canadians returning from, say, a six-month stay in the U.S. must wait, upon their return to Canada, until the following calendar year to return to the U.S.? I'm thinking of the many Canadian snowbirds who stay in the U.S. for the six months from Nov.-May, then return to Canada for a few months and then return to the U.S. the very next November (i.e., the same calendar year of their return from the U.S.).

4) Finally, it's perhaps worth noting that I will be conducting much of my sales-call activity in the southern U.S. near Mexico.and would thus have ready access to a port of entry to that country if, in order to conform to the U.S.'s B-1 visa conditions, I needed to perform all aspects of my intended product creation outside of the U.S. or needed to leave the U.S. briefly in order to avoid violating visa conditions (no idea if that's relevant; just pointing it out).

Thanks so much for any insight or guidance you may be able to provide!

Sincerely,
Jon

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jonathanj800
New Member



Joined: 14 Feb 2008
Posts: 8
Location: Toronto

Posted: Fri Feb 15, 2008 7:37 am

 

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Here's an update on my original inquiry/posting above. I've been in contact with additional U.S. immigration lawyers; they state that all of the activities proposed in my initial inquiry are above-board and in compliance with my B-1 status as a Canadian. The key is that no work, service or remuneration occur at any time while I'm in the U.S. Sales calls in which none of the above occurs are allowed.

Jon

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sat Feb 16, 2008 6:32 am

 

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What do you mean by sales calls? Do you mean making cold calls to prospective U.S. clients?
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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jonathanj800
New Member



Joined: 14 Feb 2008
Posts: 8
Location: Toronto

Posted: Sat Feb 16, 2008 8:30 am

 

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Yes, I do.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sun Feb 17, 2008 10:43 am

 

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I don't see how thats a B-1 permissible activity. Please provide some authority in the regs on this. (INA, CFR, or FAM cite)

Thanks.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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jonathanj800
New Member



Joined: 14 Feb 2008
Posts: 8
Location: Toronto

Posted: Sun Feb 17, 2008 11:46 am

 

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Hi Chris,

The NAFTA section ahead [(D)((1))], approves the following for Canadians re "Sales":

"Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of another Party but not delivering goods or providing services."

(I've since received a confirming interpretation, from both a U.S. consulate and several U.S.-based immigration-attorneys, that soliciting new orders from
new customers and/or soliciting new business from repeat customers is allowed with a B-1 visa, provided that none of the work is performed in the U.S. and that no remuneration is received while in the U.S.)

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SECTION TWO
B-1 Non-immigrant pursuant to NAFTA


8 CFR 214.2(b) - Admission of Aliens
Pursuant to NAFTA 55

Inspectors Field Manual Chapter
15.4(b) 58
Requirements for Admission 61
Spouse and children 62
Extension of stay 62
Tour
Bus/Transportation Operators Memo 64


B-1 Nonimmigrant pursuant to NAFTA

8 CFR 214.2(b)(4) Admission of aliens pursuant to the North American Free Trade Agreement (NAFTA).

A citizen of Canada or Mexico seeking temporary entry for purposes set forth in paragraph (b)(4)(i) of this

section, who otherwise meets existing requirements under Section 101(a)(15)(B) of the Act, including but not

limited to requirements regarding the source of remuneration, shall be admitted upon presentation of proof of

such citizenship in the case of Canadian applicants, and valid entry documents such as a passport and visa or

Mexican Border Crossing Card (Form I-186 or I-586) in the case of Mexican applicants, a description of the

purpose of entry, and evidence demonstrating that he or she is engaged in one of the occupations or

professions set forth in paragraph (b)(4)(i) of this section. Existing requirements, with respect to Canada, are

those requirements which were in effect at the time of entry into force of the CFTA and, with respect to Mexico,

are those requirements which were in effect at the time of entry into force of the NAFTA. Additionally, nothing

shall preclude the admission of a citizen of Mexico or Canada who meets the requirements of paragraph

(b)(4)(ii) of this section.

(i) Occupations and professions set forth in Appendix 1603.A.1 to Annex 1603 of the NAFTA.

(A) Research and design. Technical, scientific and statistical researchers conducting independent research or

research for an enterprise located in the territory of another Party.

(B) Growth, manufacture and production.

((1)) Harvester owner supervising a harvesting crew admitted under applicable law. (Applies only to harvesting

of agricultural crops: grain, fiber, fruit, and vegetables.)

((2)) Purchasing and production management personnel conducting commercial transactions for an enterprise

located in the territory of another Party.

(C) Marketing.


((1)) Market researchers and analysts conducting independent research or analysis, or research or analysis for

an enterprise located in the territory of another Party.

((2)) Trade fair and promotional personnel attending a trade convention.

(D) Sales.

((1)) Sales representatives and agents taking orders or negotiating contracts for goods or services for an

enterprise located in the territory of another Party but not delivering goods or providing services.

((2)) Buyers purchasing for an enterprise located in the territory of another Party.

(E) Distribution.

((1)) Transportation operators transporting goods or passengers to the United States from the territory of

another Party or loading and transporting goods or passengers from the United States to the territory of another

Party, with no unloading in the United States, to the territory of another Party. (These operators may make

deliveries in the United States if all goods or passengers to be delivered were loaded in the territory of another

Party. Furthermore, they may load from locations in the United States if all goods or passengers to be loaded

will be delivered in the territory of another Party. Purely domestic service or solicitation, in competition with

United States operators, is not permitted.)

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jonathanj800
New Member



Joined: 14 Feb 2008
Posts: 8
Location: Toronto

Posted: Sun Feb 17, 2008 11:51 am

 

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Chris,

The following header regarding the appropriate NAFTA field manual chapter was accidentally omitted from the top of my previous post to you:
============================================================
SECTION TWO
B-1 Non-immigrant pursuant to NAFTA


8 CFR 214.2(b) - Admission of Aliens
Pursuant to NAFTA 55

Inspectors Field Manual Chapter
15.4(b) 58
Requirements for Admission 61
Spouse and children 62
Extension of stay 62
Tour
Bus/Transportation Operators Memo 64


B-1 Nonimmigrant pursuant to NAFTA

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Tue Feb 19, 2008 5:14 am

 

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I disagree. The reference to sales activities implies that you already secured the client. Cold calling means your calling prospective, not existing clients. You can't use a B-1 to drum up business.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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