Cdn. NAFTA Social Worker Receiving Small Stipend in USA?

Hi All,

I am a Canadian Social worker with a BA (currently working on a second bachelors degree and applying for an MSW) who is planning to get some experience in the USA for 6 months (January 2011 - June 2011).

Social Worker is listed as a NAFTA Professional and my question is:
Am I eligible to obtain TN-Status at the Port of Entry if my employer is providing me free housing for 6 months, a very small stipend but no salary?

I, of course, will have all the necessary documents (passport, proof of education, letter from employer, proof of finances and proof of ties to Canada). I just cannot find an answer to this question anywhere.

Thanks in advance for any help!

Your remuneration is the issue. TN is a "professional" work status, with safeguards in place to prevent undercutting labour rates in the US. TN does not require ties to canada, so that would be superfluous -- for TN.

Only the border officer will be able to make that decision. It is questionable that the officer would take into account the housing in assessing that you are being properly paid.

A stipend is a salary.

Now, if you maintain your Cdn residence, you probably could simply enter on a B1/B2 tourist status, especially if you are willing to forego the "stipend', and simply be a volunteer -- that would be when proof of finances and ties to canada would help you.

Thanks for your reply.

Do you think the Officials at the POE would grant me the appropriate status a couple weeks in advance if I am not crossing at that time?

That is to say, I am only about an hour away from the Windsor/Detroit border and I would be willing to make the short drive to the border just to just make sure that I have what I need at the time I am ready to cross.

I would hate to make plans for my trip to the US, pack up my car after Christmas, drive to the POE and then get denied. It would certainly be helpful to get it a couple weeks in advance so I know for sure that all this is going to work out.

Thoughts?

These statuses are entry statuses. If you were to enter on B1, it would be up to you to prove your entry each time, simply by maintaining a Cdn adress and not being paid.

If you are allowed to get TN, it is typically only as you would start. The way around this is to have the employer give you a letter with no start date on it. Arrange to "meet" your employer by phone as you cross the border. Then return home and pack your bags.

But, the first thing you need to determine is if your arrangement is eligible for TN, which I doubt. If it isn't, then entry on B1 will be allowed. You need to take the drive down simply to find out.

Thanks again. I think you are correct about the B Class Status.

I found the following information on U.S. Immigration and
Naturalization Service Headquarters, Office of Inspections North American Free Trade Agreement NAFTA HANDBOOK, November 1999:

Each of the following has been determined to be permissible B-1 activity if the alien is to receive no salary or other remuneration from a U.S. source (other than an expense allowance or other reimbursement for expenses incidental to the temporary stay):

(G) General service. (1) Professionals engaging in a business activity at a professional level in a profession set
out in Appendix 1603.D.1 to Annex 1603 of the NAFTA, but receiving no salary or other remuneration from a
United States source (other than an expense allowance or other reimbursement for expenses incidental to the
temporary stay) and otherwise satisfying the requirements of Section A to Annex 1063 of the NAFTA.

(24) An alien coming to participate in a voluntary service program benefiting U.S. local communities, who establishes that he or she is a member of and has a commitment to a particular recognized religious or
nonprofit charitable organization and that no salary or remuneration will be paid from a U.S. source, other than an allowance or other reimbursement for expenses incidental to the volunteer's stay in the United States. (The alien must present to the officer a written statement indicating his or her name, date and place of birth, the foreign permanent residence address, the name and address of initial U.S. destination, and anticipated duration of assignment).

Exactly.

B1.