Qualifications for NAFTA B-1 Visitor Status.

In order for a Canadian (or Mexican) citizen to qualify for NAFTA B-1 status, the proposed business visitor must satisfy the following elements:

• The NAFTA B-1 business visitor clearly intends to maintain a foreign residence and domicile;

• The principal place of business and the place where the profit predominantly accrues is in a foreign country;

• The NAFTA B-1 business visitor will not receive a salary or other remuneration from a U.S. source (other than an expense allowance or other reimbursement for expenses incidental to the temporary stay);

• Each business entry must be clearly temporary in character, even if the nature of the business activity itself is not temporary and may be long continued. Matter of Hira, 11 I. & N. Dec. 824 (BIA 1965, 1966; Atty. Gen. 1966);

• The NAFTA B-1 business visitor will not engage in local employment or perform skilled or unskilled labor; and

• The NAFTA B-1 business visitor has made adequate financial arrangements to carry out the purpose of the visit and to depart the United States.

Revised March 21, 2007.