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Business Visitor Visa under NAFTA


 

NAFTA expanded the grounds upon which Canadians and Mexicans can enter the U.S. as business visitors.  The activities that can be engaged in on a business visitor visa under NAFTA are as follows:

  • Research and design – covers technical, scientific, and statistical researchers conducting independent research for an enterprise located in Canada or Mexico.
  • Growth, manufacture and production 
    • Harvester owner supervising a harvesting crew admitted under applicable law (applies only to harvesting of agricultural crops:  grain, fiber, fruit, and vegetables
    • Purchasing and production management personnel conducting commercial transactions for an enterprise located in Canada or Mexico
  • Marketing
    • Market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise located in Canada or Mexico
    • Trade fair and promotional personnel attending a trade convention
  • Sales 
    • Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in Canada or Mexico, but not delivering goods or providing services
    • Buyers purchasing for an enterprise located in Canada or Mexico
  • Distribution
    • Transportation operators transporting goods or passengers to the United States from the territory of another Party or loading and transporting goods or passengers from the United States to the territory of another Party, with no unloading in the United States, to the territory of another Party. (These operators may make deliveries in the United States if all goods or passengers to be delivered were loaded in the territory of another Party. Furthermore, they may load from locations in the United States if all goods or passengers to be loaded will be delivered in the territory of another Party. Purely domestic service or solicitation, in competition with United States operators, is not permitted.)
    • Customs brokers performing brokerage duties associated with the export of goods from the United States to or through Canada
  • After-sales service
    • Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to the seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the United States, during the life of the warranty or service agreement. (For the purposes of this provision, the commercial or industrial equipment or machinery, including computer software, must have been manufactured outside the United States.)
  • General service
    • 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 1603 of the NAFTA
    • Management and supervisory personnel engaging in commercial transactions for an enterprise located in Canada or Mexico
    • Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in Canada or Mexico
    • Public relations and advertising personnel consulting with business associates, or attending or participating in conventions
    • Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in Canada or Mexico. (The tour may begin in the United States; but must terminate in foreign territory, and a significant portion of the tour must be conducted in foreign territory. In such a case, an operator may enter the United States with an empty conveyance and a tour guide may enter on his or her own and join the conveyance.)
    • Tour bus operators entering the United States:
      • With a group of passengers on a bus tour that has begun in, and will return to, Canada or Mexico
      • To meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in Canada or Mexico
      • With a group of passengers on a bus tour to be unloaded in the United States and returning with no passengers or reloading with the group for transportation to Canada or Mexico
    • Translators or interpreters performing services as employees of an enterprise located in Canada or Mexico

As with all business visitor visas, the visa holder must be compensated from a source outside the U.S., must be engaged in activities that are international in scope, and must not seek to enter the U.S. labor market.

The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.







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