Flying into other city, to meet with potential client, on TN

[Mxg]

Hey.

I wonder if folks on the board can advise me:

I have a one-year TN visa to work as a Management Consultant for a company in New York. (I used the tnvisaexpert guide, which was great). The job is not a full-time gig. I continue to work in Toronto, and have other clients, and I occasionally fly to New York to do some work at the TN client site.

On my next visit, I want to meet someone in Boston who might be a potential client and/or partner in future work. I wouldn’t be paid for this meeting: – it’s just a chance for us to talk and explore some possibilities of working together.

My plan is to fly into Boston from Toronto, meet with that potential client, and then fly to New York, where I’ll meet with my real, TN-authorized client, and do paid work. (And then fly home from NYC to Toronto).

I’m curious

a) Is this a legit thing to do? I assume it is, yes? I’m allowed to have unpaid sales calls in the US with clients not authorized under the TN? Is there some specific way I should describe this, or avoid describing it?

b) Will this set off alarm bells for the border guys? My TN says the client is in NYC. Will the border guys get suspicious if I’m flying into Boston en route to meet a New York client?

Any thoughts much appreciated! Thanks!

[CalGreenCard]

a) Is this a legit thing to do? I assume it is, yes? I’m allowed to have unpaid sales calls in the US with clients not authorized under the TN? Is there some specific way I should describe this, or avoid describing it?

Technically speaking I don't think it is legal although there is a high probability that you will get away with it. A Canadian can easily enter the USA as a B-1 to meet a prospective client. And a Canadian can easily enter the USA as a TN to do work on an existing approved TN.

The problem is that you are allowed to enter in one status at a time. You are proposing to do both TN and B-1 activities on the same trip, and technically speaking that is a no-no.

That being said I'd say there is a high chance of it working out. But be honest and bring along clear documentation as to what are proposing to do in Boston.

[Steven]

It's a grey area made greyer by NAFTA.

Under the NAFTA, yes you can do it, the way CBP enforces the immigration system, bit of a toss-up because the activities fall into different immigration categories.

I just had a look in the FAM and it goes on about how everything related to TN-1 must be "pre-arranged" prior to entry, so a sales call with someone that is not on behalf of your TN-1 sponsor would seem to be precluded.

[Mxg]

Oh! Steve, Cal - That's surprising. I figured this would be okay, but it seems trickier than I thought.

Just it make sure I understand: I am, of course, allowed to enter the country for my TN client. And I'd probably be allowed to enter the country to have an unpaid meeting with a prospective client. But trying to do those two things on the same trip might not be legit. Is that right?

What a drag! But very useful to know!

[Steven]

Yes, basically.

[Mxg]

Is it okay if I fly into Boston to visit a friend (which I do intend to do) before continuing to New York on business? That is: Can I combine a TN visa (in one city) with a personal visit (in another)?

Is that something that's legit to do?

Is that something likely to arouse the suspicion of the border guys?

[axolotl]

Is it okay if I fly into Boston to visit a friend (which I do intend to do) before continuing to New York on business? That is: Can I combine a TN visa (in one city) with a personal visit (in another)?

You're allowed to travel within the US or abroad as a tourist on a TN visa, so I don't see why this would be a problem.

[Steven]

Well, you're allowed to take a vacation while you're on TN-1, so it should be okay, which is why we were being iffy about our answers because a vacation is ordinarily B and so is a business meeting with a client. So logically, if you can go in as TN-1 to do one you should be able to do the other but unfortunately it doesn't always work out that way. Depends on how much of a jobsworth the CBP guy is that you get.