Canadian wants to go to US for meetings
My husband is a 62 year old Canadian. He was contracted by a Canadian company to go to Detroit to monitor a Canadian registered aircraft while it is being maintained by a USA company. He has been rejected entry to the USA. They harassed him, finger printed and patted him down. Their claim is that he is taking a USA job. He was hired by a Canadian company and paid by them. He is helping them bring business to the USA. Can they reject his entry? How do we fix this? We cannot cross even to attend church now without a hassle. We cannot afford a lawyer to fight this. We filed a complaint but this only aggravated the NAFTA agent more.
Best Answer
There's a crucial difference between being contracted by a Canadian company and being hired (as an employee) by a Canadian company.
An employee of a foreign company who goes to the US as a representative of that company to see to their interests there, in a manner integral to the foreign company's business outside the US, is allowed to do so on a business visa (or whatever the correct formality for a Canadian national in lieu of a visa is), since the Matter of Hira decision from 1966.
However, if your husband is a contractor, then all of that doesn't apply. As a contractor he counts as a "company unto himself", and what he's proposing to do would amount to setting up shop in the US for his one-man company, and there producing a service that he happens to sell to a Canadian customer. That means he needs have a work permit for being self-employed, which is probably not going to be easy (there doesn't seem to be any visa categories that obviously apply to that situation).
(The reasoning behind this distinction is that it is thought reasonable for a foreign company to want one of their own trusted people to be the one who takes care of their business interests -- but if they don't have one of their own available and are willing to have their interests represented by an outside consultant instead, they ought to be as happy to contract with an American stranger as they are to contract with a Canadian stranger).
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Can I travel to USA for a meeting?
A foreign national traveling to the United States to conduct temporary business needs a visitor visa (B-1) unless qualifying for entry under the Visa Waiver Program. Examples of temporary business include: Attending business meetings or consultations. Attending a business convention or conference.Can a Canadian citizen travel to USA?
Canadian citizens do require a visa to enter the USA if they are going to visit for longer than six months, or if their visit is for reasons other than pleasure, such as to: engage in business. work. marry a USA Citizen.What do Canadian citizens need to enter the US?
Canadian Citizens entering the United States by air are required to present a valid passport, or a NEXUS card when departing from Canada....CBP will accept:- Canadian passport.
- Enhanced Driver's License/Enhanced Identification Card.
- NEXUS, FAST/EXPRES.
- SENTRI enrollment cards.
How long can a Canadian stay in the US 2021?
Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service.Moving from Canada to USA || Easiest way to move to the USA
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