Acceptable B-1 Activities Under NAFTA

This is the List of B-1 activities for Canadians as set out in Schedule 1 under NAFTA (2001).

Research

Technical, scientific and statistical research, conducting Independent research, or research for an enterprise located in Canada

Growth, Manufacturing, and Production

Harvester owner supervising a harvesting crew admitted under applicable law applies to harvesting of agricultural crops: grain, fiber, fruit, and vegetables. Purchasing and production management personnel conducting commercial transactions for an enterprise located in Canada.

Marketing

Market researchers and analysts conducting independent research or analysis, or research or analysis for an enterprise located in Canada. 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 but not delivering goods or providing services.
Buyers purchasing for an enterprise located in Canada

Distributors

Transportation operators transporting goods or passengers to the United States from Canada or loading and transporting goods or passengers from the United States to territory of another Party with no unloading in the United States to the territory of Canada. These operators may make deliveries in the United States if all goods or passengers to be delivered were loaded in Canada. Further, they may load from locations in the United States if all goods or passengers to he loaded will be delivered in the territory of Canada. Purely domestic service or solicitation, in competition with the United States operators, is not permitted. NOTE: An issue has arisen as to whether Canadian bus drivers who pick up and discharge passengers at intermediate stops within the United States may he granted B-I entry when such intermediate stops are part of an international route which crosses the US Canadian border. The INS takes the position that these transportation operators may be granted B-1entry because they are engaging in local labor for hire.

Customs brokers performing brokerage duties
Customs brokers providing consulting services regarding I/E of goods

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 such services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, incl. computer software, purchased from an enterprise located outside of 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, incl. computer software, must have been manufactured outside of the United States).

General Service

Professionals engaging in a business activity at a professional level in a profession set out in Schedule 2 of 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 for business visitors under NAFTA (i.e.: proposed business activity must be international in scope and professional must not be seeking to enter the local labor market).

Management and supervisory personnel engaging in commercial transactions for an enterprise located in Canada.

Financial services personnel (insurers, bankers, or investment brokers) engaging in commercial transactions for an enterprise located in Canada.

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 ( the tour may begin in the United States but must terminate in foreign territory: in such 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: (1) with a group of passengers on a bus tour that has begun in, and will return to, the territory of Canada: (2) to meet a group of passengers on a bus tour that will end, and the predominant portion of which will take place, in the territory of Canada: (3) with a group of passengers on a bus tour to be unloaded in the United States and returning with no passengers or re-loading with the group for the transportation to the territory of Canada.

Translators or interpreters performing services as employees of an enterprise located in Canada.

Footnote: Self-employed persons such as financial consultants, systems consultants, business consultants, and IT consultants are most often banned under the above B-1 provisions because they are seen to be engaged in personal activities for which they are in recompensed. Self employed persons may be able to enter the United States under Schedule 1 Guidelines, however the traditional B-1 provisions must be met.