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B-1 (Business Visitor) Status Approved for Canadian Citizen to Perform After-Sales Service Training to US Employees

SRW Senior Partner Mr. William Reich appeared at the Peace Bridge Port of Entry in Buffalo, New York, to accompany a Canadian citizen client to apply for admission in B-1 (business visitor) status, so that the client could perform after-sales services (training) under NAFTA to employees of a U.S. customer.

As background, the client is currently employed by a Canadian company which is a wholesale distributor of sophisticated technical products that are imported from Europe and who had previously received specialized training in Europe on the manufacturing of these highly expensive products. The Canadian company recently sold equipment to a U.S. affiliate so that the U.S. company could set up the manufacturing process in the U.S. Under the terms of the sales agreement between the two companies, the Canadian company was required to provide training on the use of the equipment to the U.S. company’s employees.   The question was – how would the client enter the U.S. to provide this training while complying with U.S. immigration laws? 

After reviewing the case and researching the options, our firm was able to determine that the client would qualify under the B-1 NAFTA after-sales provisions found under 8 C.F.R. §214.2(b)(4)(i)(F) and CBP Inspector’s Field Manual §15.5(c)(1)(F).  Prior to the client’s appearance at the Port of Entry, our firm prepared and submitted evidence of the client’s eligibility to enter in B-1 status, including evidence of his continued employment by the Canadian company, his specialized training, and a copy of the sales agreement (which we had also reviewed to ensure it met the necessary requirements). At the Port  of Entry, after being thoroughly scrutinized by CBP, the client was issued a multiple entry Form I-94 valid for six months so that he could periodically enter the U.S. to provide the necessary training.  During the examination, CBP was concerned whether the applicant would be performing employment duties and not just providing training (because of the hands-on approach involved in the training) which we were able to overcome.

This situation highlights the fact that whenever possible, B-1 (business visitor) status should be considered as an option given that there are no government filing fees (compared to H’s or L’s) and are quickly adjudicated (at the border for Canadian citizens). However, because of the limited scope of B-1 permissible activities, clients should educate themselves on whether their proposed activities fall into the B-1 category. For additional information on B-1’s and permissible activities under B-1, please contact our office to schedule a consultation. 

Q: do the unlawful presence bars apply to me if I do not depart the U.S. after entering unlawfully?

A: No. Unlawful presence is only triggered upon departure from the U.S. For this reason, many individuals in the U.S. after EWI choose not to complete the immigrantion process, which requires departure and attendance at an interview at a U.S. Consulate abroad. 

Q: is there a waiver available for unlawful presence?

A: Yes. there are both immigration and nonimmigrant waivers available that, if granted, will allow the applicant to return to the U.S. prior to the expiration of that application bar. The immigrant waiver (Form I-601) is significantly more difficult to obtain and requires proof that a U.S. citizen relative will suffer "extreme hardship" if the non-citizen is not allowed to live with him/her in the U.S.

Q: I am married to a U.S. citizen. Does that provide me with relief from removal?

A: In most cases, the answer is yes. As the spouse of a U.S. citizen, you are considered to be an "immediate relative" under immigration law. As such, you can apply for adjustment of status (permanent residence/green card) upon approval of an immediate relaltive petition (Form I-130). In order to be eligible for adjustment of status (which means you can apply for permanent residence without leaving the U.S.), however, you must have made a legal entry into the U.S.