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Immigration Forum / USA / August 2008



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Allowed activites for Canadian visiting us without a visa

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TireTraveller - 06 Aug 2008 05:10 GMT
Can someone tell me or guide me to a document that describes what
activities are allowed for Canadian visitors to the US when traveling
without a visa for pleasure purposes? Specifically, would I be allowed
to do some contracting work for Canadian companies while on US soil? I
would be payed in Canadian funds to a Canadian bank account.

The work would definitely be hands-on so I don't think I could qualify
for the non-work visa's. Since I wouldn't be employed by a US company
I also won't qualify for any of the work visa. This is similar to a
freelance contractor, which I understand is not allowed, except that I
would be only working for Canadian companies and would not be
soliciting or accepting work from American companies.

Are there any other ways that I could take an extended vacation (2-5
months) in the US, with my family, while doing this type of
contracting work?

Thanks in advance,
Bill - 07 Aug 2008 15:31 GMT
>Can someone tell me or guide me to a document that describes what
>activities are allowed for Canadian visitors to the US when traveling
[quoted text clipped - 12 lines]
>months) in the US, with my family, while doing this type of
>contracting work?

You'd best discuss this with an immigration lawyer.  What is or isn't
allowed as a Visitor for Business Purposes is poorly documented and is
something of a grey area.  Spending a week in the US meeting clients,
discussing contracts, attending a training class... that's all ok.
Spending up to five months as a hands-on contractor... that's probably
pushing it.  IMHO the details about Canadian funds, Canadian bank,
Canadian employers are red herrings.  It sounds like you clearly would
be working while physically present in the US and that's what the
immigration service is concerned with.  Whether or not your activites
are inside or outside the scope of a business visitor is something you
need a legal opinion on.
TireTraveller - 08 Aug 2008 07:03 GMT
> On Tue, 5 Aug 2008 21:10:22 -0700 (PDT), TireTraveller
>
[quoted text clipped - 27 lines]
> are inside or outside the scope of a business visitor is something you
> need a legal opinion on.

I appreciate your insight into the fact that immigration is only
concerned about whether work is taking place and not the specifics of
who it is for. As I would most definitely be doing work it sounds like
I have no choice but to contact a lawyer and see what my options are.
Thanks for the thoughts.
 
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