WHAT IS THE
PURPOSE OF
YOUR TRIP?
International travel has
become more difficult, even
across the U.S.-Canada border.
The majority of the million-plus people seeking entry into
the United States and Canada
daily are either business
visitors or tourists. To
enter the U.S. as a business visitor requires
either a B-1 visa or the
categorization as “B-1.”
To enter Canada, either
a visitor visa or categorization as a “business
visitor” is required.
Both countries face
the challenge of facilitating legitimate travellers’ entry swiftly and seamlessly while blocking those
without proper permission, as
well as potential terrorists or
security threats. Officials often
err on the side of intense scrutiny, and sometimes deny entry
to the wrong people, for the
wrong reasons.
Here’s an example: an
engineer from a Canadian
company seeks to enter the
U.S. to meet with prospective
clients to eventually sell services. When asked by U.S.
authorities about the purpose
of the trip, the engineer
might correctly state: “I’m
going to ‘work’ in the United
States.” This could result in
denial of entry. However, if
the answer had been: “I’m
meeting with a potential
client in the U.S. to sell my
company’s services,” chances
are he’d be admitted.
“Work” is undoubtedly a
four-letter word.
Immigration authorities
confuse travelling “on busi-
ness” and “for work.” A busi-
ness traveller is working, not
entering the U.S. as a vaca-
tioner. The U.S. State Depart-
ment’s Foreign Affairs
manual publishes guidance
notes for its officers on immi-
gration. The 32-page note on
temporary visitors uses many
euphemisms to describe what
is otherwise known as this
dirty word, work,
including: “Legitimate
activities relating to
business,” “Attend a
meeting of the board of
directors” or “perform
other functions.”
The Foreign Affairs
manual cites a Board of
Immigration Appeals
decision involving a
tailor measuring cus-
tomers in the U.S. for suits to
be manufactured and shipped
from outside the U.S. The
decision states this was “an
appropriate business visitor
activity because the principal
place of business and the
actual place of accrual of prof-
its, if any, was in the foreign
country.” The decision is
unquestionably correct; how-
ever, if the tailor were actually
asked if he was “working” he
would undoubtedly and accur-
ately have answered, “yes.”
This avoidance and mis-
application of the word “work”
gives rise to a number of prob-
lems when entering the
United States.
By contrast, Canada’s busi-
ness visitor classification facili-
tates the entry of people who
intend to carry on business or
trade activities. The Canadian
immigration authorities don’t
treat “work” as a nasty word. In
fact, Canada’s Temporary For-
eign Worker Guidelines pref-
aces the term business visitor as
“work without a work permit.”
While the basic regulations
for business visitors entering
Canada and the U.S. are simi-
JOEL
GUBERMAN
Officials often
err on the side of
intense scrutiny,
and sometimes
deny entry to the
wrong people, for
the wrong reasons.
“
There is a perception by business travelers that crossing between the U.S.
and Canada has become more difficult. Above, a U.S. border officer stands
near security booths as vehicles approach in Detroit, Michigan.
CAR BY TOBY TALBOT, U.S. CUSTOMS BY DAVEH CHIDLEY / THE CANADIAN PRESS
Joel Guberman, Guberman,
Garson Immigration Lawyers
lar, the notions associated with
the regulations and their clarity are quite different.
Visa issue and length of stay
A source of confusion for
Canadians entering the
United States, and Americans
entering Canada, is that visas
aren’t required by either
country for pleasure trips or
for most work statuses.
It is frequently asked how
long a Canadian or U.S. stay
can be, for either a business
visitor or a tourist. Canadian
regulations are clear: unless
Canadian border patrol officials limit the stay, a person
may remain in Canada for six
months from the date of entry.
Entry into the United
States is not as simple. It’s a
common misperception that a
person entering the U.S. who
is not limited by an entry
document may stay for up to
six months. However, most
Canadians can stay in the U.S.
for more than six months
without a visa. While others
are generally limited to a six-
month U.S. stay, Canadian cit-
izens may enter the U.S. for
up to one year.
This avoidance
and misapplication
of the word ‘work’
gives rise to a
number of problems
when entering the
United States.
“
Joel Guberman, Guberman,
Garson Immigration Lawyers
