Introduction to NAFTA B-1 Visitor Status

Purpose of the NAFTA B-1 Classification:

• The B-1 Visa classification allows foreign visitors to enter the United States temporarily to engage in business related activities such as conventions, conferences and consultations, but not employment.

• The NAFTA B-1 is a supplemental category to the B-1 visa classification and was implemented into U.S. immigration law at the same time as the TN provisions of NAFTA. In addition to the general legitimate business activities a B-1 visa visitor may engage in, Canadian (and Mexican) citizens may seek admission into the United States under the B-1 NAFTA category to engage in a list of business activities representative of a complete business cycle. These additional business activities are described in Appendix 1603.A.1 to Annex 1603 of the NAFTA.

• The business activities listed in Appendix 1603.A.1 to Annex 1603 of the NAFTA have been written to be flexible and to accommodate normal legitimate business activities.

• A citizen of Canada or Mexico will be admitted into the United States as a NAFTA B-1 visitor at the discretion of the inspecting officer for the period necessary to engage in the intended activities, which may not exceed 1 year.

Advantages of the NAFTA B-1 Classification:

• The NAFTA B-1 is simple and quick to obtain. Canadian citizens do not need to obtain a visa in order to enter the U.S. as a NAFTA B-1 visitor and may apply directly at a U.S. port-of-entry.

• Once admitted, a Canadian citizen may be issued an I-94 for the B-1 business visit, other times he or she may be simply allowed to enter the United States with no specific end date for the visit.

Disadvantages of the NAFTA B-1 Classification:

• The B-1 classification is a nebulous category that receives inconsistent and unreliable treatment from immigration officers.

• B-1 business visitors may not engage in gainful employment in the United States.

Family:

• Spouses and children under 21 may receive B-2 status for same duration as the B-1 business visitor.

Points of Interest:

• The B-1 Visa category is one of the most erratic categories. It is very unpredictable and very subjective. There are no bright line tests and it is not appropriate for long-term stays.

 Revised April 3, 2007.