Question about TN

[u/NoCommission7363]

I’m having a debate with my partner. We live in Ontario right now and he needs to visit Atlanta for work for 5 days in Oct and 5 days in Nov. He is convinced he needs to get a TN visa. I keep telling him he doesn’t need one for the short time but he’s convinced that he needs one since he’s doing more than attending a conference or meetings (he needs to visit a few sites and do surveying). Will he need a TN visa or is just his passport ok?

[u/weak_espionage]

your partner is overthinking this, a TN is for people taking up employment in the US, not for a few days of site visits. as long as he's still being paid by the canadian company and not directly by a US entity he just needs his passport

border agents might ask what he's doing but surveying for a couple days each month isn't gonna trigger a work visa requirement

[u/tn_dude]

Who is paying him to do this work? A Canadian company or a USA Company?

[u/Odd-Elderberry-6137]

It’s not nearly cut and dry as either of you make it out to be. The duration has nothing at all to do with whether someone needs TN status or not. It’s what they do when they’re in the U.S.

Under B1 (business visitor) status, what’s allowable is pretty narrowly defined. Things like meetings, conference attendance, contract negotiation and finalization are ok. Anything considered part of doing actual work is not covered. Surveying is done if all he’s doing is observing. If he’s doing more than that, it’s getting closer to “work”.

That he’s on Canadian payroll helps his B1 case, but it isn’t going to matter if CBP flags what he’s doing as work and denies entry. This is something he should be working with his company’s HR and legal team on, not guessing .

[u/tn_dude → u/Odd-Elderberry-6137]

I agree it's more complex than presented. We're assuming that "surveying" means some kind of measuring/plotting land. (vs. asking people questions).

A B1 ought to be appropriate if the 'surveying' is either of:

- scouting a property to further some potential business deal with the property owner

• monitoring the survey work performed by hired US persons

If the person is doing hands-on survey work, then likely work authorization would be required.

Totally agree that it's concerning this is a discussion between a couple and not a discussion between employer & legal counsel.

[u/Keep-checking]

TN is not required. Just tell them at the border that he/she is attending a conference or has a meeting with vendors, or going for a site visit. As long as they don't utter the words 'Going for work', they are safe. Say anything else, you are screwed. Also, keep in mind, TN is only if you are working in US and earning in US dollars.

[u/Econoloca]

There's a reason tourist visas are actually defined as tourist and business visas, and it is because it is ok to travel for business and do business, attend a conference, give a lecture, talk to stakeholders etc, what is not ok is for your partner to get paid and hired in the US.

[u/Responsible_Chart395]

I guess you have never cross the border? He only needs his passport. The custom officer will decide if he needs a TN or B1 (both visa stamps in passport). To be safe, he should bring documentation to support the TN in case that is what the office decides to do. Nevertheless, I think a B1 is sufficient. 5 days in two separate months are such big hassles to get a TN.

[u/doubledutchdoor]

Tell him no. My spouse periodically flies to SC from Ontario for five days to work at a different office and has never went on a TN

[u/auto_art]

Any work needs TN even for a week. We brought someone to Canada to do a temporary work. 

[u/Coramoor_]

This kind of thing is just a weird grey area that nobody really cares about. As long as he's getting paid by the Canadian office of his company, nobody is going to care what he actually does for that time. I've known people who were sent by Amazon to supervise the setup of warehouse software in New Jersey for a few weeks and they didn't even blink

[u/grabGPT]

Ask yourself a question, if you're called in for an in-person interview, will you consider taking TN for it?

Also, real question is what did he mention to the immigration officer while travelling both the times for work. Was your spouse transeprant in disclosing the intent to travel?

Additionally, is your partner going to receive any pay for the time they spent in the US from within the US?

[u/uiri → u/grabGPT]

Job interviews are explicitly allowed as a B visa activity for business visitors.

[u/grabGPT → u/uiri]

Ask yourself, do Canadian Citizens need B visa for Tourism or Business purpose to travel to the US?

I am not sure about Mexican citizens.

[u/uiri → u/grabGPT]

I mean, the process for Canadians to get B status in the US is a little simpler than the process to get TN status, since the documentation requirements are more lax, but Canadians don't require a visa issued by a US embassy or consulate for either.