Chapter 5 Special Rules for Canadians and Mexicans

• Library: U.S. Immigration Made Easy (Nolo) (2023 Ed.)

CHAPTER 5 Special Rules for Canadians and Mexicans

A. Canadian Visitors and Nonimmigrants

B. Special Work Privileges for Canadian and Mexican Visitors

1. Business Visits Without a Visa
2. H-1 Visa Alternative: USMCA TN Status
3. Simplified Procedures for L Visas (Canadians Only)
4. Treaty Traders and Treaty Investors

C. Fiancés

D. Simplified Procedures for Canadian Students and Exchange Visitors

E. F-3 Visa for Border Commuter Students

1. Eligibility for an F-3 Visa
2. Application Process for an F-3 Visa

F. Preflight Inspections for Canadians

G. NEXUS for Faster Entry by Canadians

Many Canadian and Mexican citizens believe they are disfavored by the U.S. immigration system. Actually, the exact opposite is true, as the following special rules show.

A. Canadian Visitors and Nonimmigrants

Most Canadian citizens do not need visas to enter the U.S. for a temporary stay. For the casual tourist or business visitor, this is a big benefit. With the exception of E-1 and E-2 treaty traders and investors as well as fiancé(e)s and their children (K-1 and K-2), Canadians have no need to go to a U.S. consulate and get a nonimmigrant visa.

CAUTION

Despite the benefits, you must still prove that you don't fall into one of the inadmissibility categories, which bar U.S. entry. Anyone coming into the U.S. can be examined regarding their health, criminal, and other history to see whether the person falls into one of the grounds of inadmissibility described in Chapter 3.

Even though a nonimmigrant visa is not usually required, Canadians still must show that they are eligible to enter the United States. For starters, if traveling by air, you'll need your Canadian passport or a NEXUS card just to get on the plane, and then again to get into the United States. Unlike some nationalities, as a Canadian, your passport need not be valid beyond the duration of your planned trip to the United States.

To get into the U.S. either by land or sea, you'll need a Canadian passport, an enhanced driver's license or enhanced identification card, or a NEXUS, FAST/EXPRES, or SENTRI enrollment card. Canadian citizens 15 years old and younger arriving by land or sea may use an original or copy of their birth certificate or a Canadian citizenship card. Canadian citizens 16 to 18, however, must have a valid passport, unless traveling as part of certain organized and supervised groups.

Upon your arrival at the U.S. airport or other border "port of entry," you'll need to answer a few questions from a CBP inspector. You might be asked to prove that you have enough money to last during the U.S. trip and that you still keep a Canadian residence to which you can return.

Canadians can visit the U.S. for up to six months at a time without a visa. An entry/exit record, called an "I-94," is not automatically generated for Canadian visitors or businesspersons entering by land as it is for people from all other countries. (An I-94 will be generated for Canadians entering in other statuses or if coming by sea or plane.) That makes it quicker to cross the border as a tourist or for business. However, you lose the advantages of the I-94 record, which include that it will show the exact date by which you're expected to depart, and serves as proof of legal entry and status when you need to verify immigration status or employment authorization.

TIP

Anyone can request a paper I-94 when driving across the U.S. border. To prevent delays, you can also apply up to seven days before arrival and, upon paying a $6 fee, receive a "provisional I-94," which will become your official I-94 when you are admitted into the United States. If you don't drive to the U.S. within seven days of submitting the application, the provisional I-94 will expire and you won't get your fee back. To apply online for the provisional I-94, go to https://i94.cbp.dhs.gov/I94.

B. Special Work Privileges for Canadian and Mexican Visitors

Certain Canadian and Mexican professionals are granted some special work privileges.

1. Business Visits Without a Visa

The United States-Mexico-Canada Agreement, which went into effect July 1, 2020, incorporated the immigration provisions of the former North American Free Trade Agreement (NAFTA). It allows Canadian and Mexican visitors who are coming to the U.S. to do certain kinds of business or work in the U.S. to enter without work visas. There are no other countries whose citizens are granted these privileges.

In order to qualify:

• The intent of your visit must involve commercial activity.
• You must have a clear intent to continue a foreign residence.
• Your salary must come from outside the U.S.
• Your employer's principal place of business and place where it eventually accrues profits must remain in a foreign country.
• Your U.S. stay must be temporary (although the business activity may continue after you've left).
• Although you need not be a businessperson, your employment must be a necessary incident of international trade or commerce.

To take advantage of this opportunity, you must show written proof that you are engaging in one of the occupations included in the program. A letter from your employer verifying the work to be done will serve this purpose. If relevant, you should also offer evidence that you are qualified for the job, such as copies of diplomas or licenses.

These documents are presented to a U.S. immigration officer on your entry to the United States. No fee or special application is needed for Canadians. However, absent a B-1 visitor's visa issued by a U.S. embassy or consulate, Mexican nationals must obtain a valid Border Crossing Card (Form I-586) prior to arriving at the port of entry.

The types of work that Canadians and Mexicans may do in the U.S. without work visas are:

• performing research and design functions for a company located in Canada or Mexico
• supervising a crew harvesting agricultural crops (only the owner of the company qualifies)
• purchasing for a company located in Canada or Mexico
• conducting other commercial transactions for a company located in Canada or Mexico
• doing market research for a company located in

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