Exporting to the United States – A Team Canada Inc Publication

6.3 Entering the U.S. under non-NAFTA classifications

There are several entry classifications that don't fall under NAFTA rules. The major ones are:

Performing artists

For U.S. entry purposes, these individuals fall into several visa classifications, referred to as the O-1, O-2, P-1, P-2, P-3 and P Support Personnel classifications. The application procedure is complex and it can take months to acquire a visa.

During the past few years, unfortunately, cultural workers in general have had increasing problems entering the U.S.

Temporary workers in short supply (H-2B)

This classification allows Canadian employees to work in their company's operations in the United States. However, U.S. immigration won't permit this if the employee will take the job of an American worker. In other words, before companies can use their Canadian workers to do a job, they have to prove that they can't find American workers to perform it.

To obtain an H-2B, you first go through a temporary labour-certification process at the local level. Next, you file a petition with U.S. Citizenship and Immigration Services. It will take 35 to 60 days for the petition to be processed; if you need faster action, you can pay a fee of US$1,000 for premium processing, which cuts the processing time to 15 days. This fee covers all employees in the desired position; it does not have to be paid for each employee individually. You'll find more information about the H-2B on the Cross-Border Movement of Business Persons Web page.

If you need H-2B visas and you're a novice at dealing with U.S. immigration laws, it would be a good idea to obtain legal advice from a U.S. lawyer who specializes in immigration procedures. You may save yourself a good deal of time, money and frustration by doing so.

The Jay Treaty

If you were born in Canada and have at least 50 percent Aboriginal blood, you may be entitled to certain rights and benefits in the United States. If you plan to enter the U.S. for business purposes under this provision, you should first obtain specialist advice about the procedures for doing so.