Doing Business in the U.S.

Doing Business in the U.S. is a collection of information sources for Canadian citizens who are traveling to the United States for business purposes. The extent to which the information will apply to you will depend on the circumstances related to your situation. Although many of your questions will be answered in this document, the list of resources given here is not exhaustive.

*All Canadian citizens traveling to the United States for business purposes are advised to contact the U.S. Immigration Office and the U.S. Customs Office in the region they plan to visit, prior to leaving to ensure that they meet all U.S. immigration and customs regulations.

TABLE OF CONTENTS

1. Cross Border Movement of Business Persons
2. Temporary Entry to the United States: A Guide For Canadian Business
3. U.S. Bureau of Citizenship and Immigration Services
4. U.S. Customs and Border Protection
5. What You Should Know Make Business Travel Easier
6. How Will I Be Inspected When I Come to a U.S. Port-of-Entry
7. Important Travel Considerations

1. Cross Border Movement of Business Persons - North American Free Trade Agreement (NAFTA)

To promote trade in goods and services, and to increase investment opportunities, Chapter 16 of the North American Free Trade Agreement (NAFTA) facilitates the cross-border movement of certain business persons who are citizens of Canada, Mexico, or the United States.

Who is eligible to enter the United States under the NAFTA?

NAFTA facilitates the temporary entry of the following four categories of business persons:

• Business Visitors
• Professionals
• Intra-company Transferees
• Traders and Investors

For detailed information on Canadian business persons entering the United States, please see the publication Cross-Border Movement of Business Persons and the North American Free Trade Agreement (NAFTA), available on-line at http://www.dfait-maeci.gc.ca/nafta-alena/cross-en.asp

What if I don't qualify for entry under the NAFTA?

If you have a job offer or signed contract from an employer in the U.S., but you do not qualify under the four categories of NAFTA business persons listed above, you may qualify for entry under U.S. general immigration provisions. Some occupations not covered under the NAFTA will require a different type of Temporary Worker Visa. These include athletes, agricultural workers, computer programmers, journalists, performers, trades-people, trainees, students, and volunteers, among others.

For more information on the various processes for temporary entry into the U.S., visit the Bureau of Citizenship and Immigration Service (BCIS) Web site at http://uscis.gov/graphics/services/tempbenefits/index.htm

2. Temporary Entry to the United States: A Guide for Canadian Business

This guide contains general information on criteria and procedures for Canadian citizens who are traveling to the United States for business purposes.

For more information on the four categories of business persons (Business Visitors, Professionals, Intra-company Transferees, Traders & Investors) including qualifying criteria, procedures, required documentation, how long you can stay and a listing of free trade specialists who can assist you in planning your next U.S. business trip, please see the document Temporary Entry to the United States: A Guide for Canadian Business Persons , available online at http://www.dfait-maeci.gc.ca/nafta-alena/temp_entry-en.pdf (Adobe Reader required).

3. Bureau of Citizenship and Immigration Services - U.S. Department of Homeland Security

Immigration Rules and Regulations

Before you go don't forget that the provisions in Chapter 16 of the North American Free Trade Agreement (NAFTA) complements the existing temporary entry rules and regulations of the U.S. and does not affect existing U.S. immigration rules and regulations.

U.S. immigration law admits only "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".

It is illegal for Canadian business people to sell their products or services while in the United States. You can take orders or negotiate contracts but you cannot accept money in exchange for actual products or services while you are there. Canadian business people who do not comply with this and other U.S. immigration rules and regulations may be denied access to the United States.

Prior to your business trip make sure you contact a U.S. Bureau of Citizenship and Immigration Service office in the region you plan to visit to ensure that you meet all immigration rules and regulations. If you have any questions relating to the law and how it may affect a special situation, it is best to contact a U.S. Bureau of Citizenship and Immigration Service office for clarification before you arrive.

For a listing of U.S. Bureau of Citizenship and Immigrant Service offices, contact information and hours of operation, please visit the Web site http://uscis.gov/graphics/fieldoffices/index.htm

4. Customs and Border Protection - U.S. Department of Homeland Security

Customs Rules and Regulations

Canadian business persons must also comply with U.S. Customs and Border Protection rules and regulations. There are restrictions and limits on what may legally be brought into the United States for personal and business use.

Prior to your business trip, make sure you contact the U.S. Customs and Border Protection office at your port-of-entry (land, sea or air) to ensure that all your business articles (samples, promotional literature, audio-visual equipment, trade show both displays, etc.) can be legally brought into the United States.

For a listing of U.S. ports-of-entry, contact information and hours of operation, please visit the U.S. Customs and Border Protection Web site at http://www.customs.gov/xp/cgov/toolbox/ports/

5. What You Should Know Make Business Travel Easier - U.S. Embassy

The U.S. Embassy in Canada has published a document entitled - What you Should Know To Make Business Travel Easier on their website. Topics include:

• Free Trade Specialists
• Entering the U.S. Under the Free Trade Agreement (Definitions and Documentation)
• Procedures for Professional Status
• Professional and Minimum Educational Requirements and Alternate Credentials

To view the document, please visit the U.S. Embassy Web site at http://www.usembassycanada.gov/

6. How Will I Be Inspected When I Come to a U.S. Port-of-Entry?

All persons arriving at a port-of-entry (air, land or sea) to the United States are inspected by officials of the U.S. Government. There are four separate inspections: Public Health, Immigration, Customs and Agriculture. You may only talk to one official who does all four inspections, or you may talk to more than one official.

For more information on the U.S. Customs Inspection Process including declarations, exemptions, prohibited items, duty free shops, prohibited & restricted articles, duty, visas, sales tax and what you can expect at a U.S. port-of-entry, please visit the following U.S. Customs and Border Protection Web site http://www.customs.gov/linkhandler/cgov/toolbox/publications/travel/brief.ctt/brief.doc

7. Important Travel Considerations

Many Canadians do not make adequate preparations for entering the United States. As a result, they encounter serious problems. What you do before you leave and the more you do will help ensure a trouble-free visit. The preparations you must make and the information you require depend on the reason for your visit and the length of time you expect to be in the United States. If you're simply crossing the border to fill your gas tank or shop for a few hours and have done so before, your preparations can be minimal. But if you are going for several weeks or months, if you are moving permanently, or if your visit involves remunerative work, you need to prepare carefully.

For more information on planning a successful trip to the United States, please visit the website http://www.voyage.gc.ca/main/pubs/usa_bound-en.asp

DISCLAIMER
Information contained in this document is of a general nature only and is not intended to constitute advice for any specific fact situation. Users concerned about the reliability of the information should consult directly with the source, or seek legal counsel.

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