8 CFR 214.2(b) - Admission of Aliens
Pursuant to NAFTA 55

Inspectors Field Manual Chapter
15.4(b) 58
Requirements for Admission 61
Spouse and children 62
Extension of stay 62
Tour
Bus/Transportation Operators Memo 64

B-1 Nonimmigrant pursuant to NAFTA

8 CFR 214.2(b)(4) Admission of aliens pursuant to the North American Free Trade Agreement (NAFTA).

A citizen of Canada or Mexico seeking temporary entry for purposes set forth in paragraph (b)(4)(i) of this

section, who otherwise meets existing requirements under Section 101(a)(15)(B) of the Act, including but not

limited to requirements regarding the source of remuneration, shall be admitted upon presentation of proof of

such citizenship in the case of Canadian applicants, and valid entry documents such as a passport and visa or

Mexican Border Crossing Card (Form I-186 or I-586) in the case of Mexican applicants, a description of the

purpose of entry, and evidence demonstrating that he or she is engaged in one of the occupations or

professions set forth in paragraph (b)(4)(i) of this section. Existing requirements, with respect to Canada, are

those requirements which were in effect at the time of entry into force of the CFTA and, with respect to Mexico,

are those requirements which were in effect at the time of entry into force of the NAFTA. Additionally, nothing

shall preclude the admission of a citizen of Mexico or Canada who meets the requirements of paragraph

(b)(4)(ii) of this section.

(i) Occupations and professions set forth in Appendix 1603.A.1 to Annex 1603 of the NAFTA.

(A) Research and design. Technical, scientific and statistical researchers conducting independent research or

research for an enterprise located in the territory of another Party.

(B) Growth, manufacture and production.

((1)) Harvester owner supervising a harvesting crew admitted under applicable law. (Applies only to harvesting

of agricultural crops: grain, fiber, fruit, and vegetables.)

((2)) Purchasing and production management personnel conducting commercial transactions for an enterprise

located in the territory of another Party.

(C) Marketing.

 

((1)) Market researchers and analysts conducting independent research or analysis, or research or analysis for

an enterprise located in the territory of another Party.

((2)) Trade fair and promotional personnel attending a trade convention.

(D) Sales.

((1)) Sales representatives and agents taking orders or negotiating contracts for goods or services for an

enterprise located in the territory of another Party but not delivering goods or providing services.

((2)) Buyers purchasing for an enterprise located in the territory of another Party.

(E) Distribution.

((1)) Transportation operators transporting goods or passengers to the United States from the territory of

another Party or loading and transporting goods or passengers from the United States to the territory of another

Party, with no unloading in the United States, to the territory of another Party. (These operators may make

deliveries in the United States if all goods or passengers to be delivered were loaded in the territory of another

Party. Furthermore, they may load from locations in the United States if all goods or passengers to be loaded

will be delivered in the territory of another Party. Purely domestic service or solicitation, in competition with

United States operators, is not permitted.)

((2)) Customs brokers performing brokerage duties associated with the export of goods from the United States

to or through Canada.

(F) After-sales service. Installers, repair and maintenance personnel, and supervisors, possessing specialized

knowledge essential to the seller's contractual obligation, performing services or training workers to perform

services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial

equipment or machinery, including computer software, purchased from an enterprise located outside the United

States, during the life of the warranty or service agreement. (For the purposes of this provision, the commercial or industrial equipment or machinery, including computer software, must have been manufactured outside the

United States.)

(G) General service.

((1)) Professionals engaging in a business activity at a professional level in a profession set out in Appendix

1603.D.1 to Annex 1603 of the NAFTA, but receiving no salary or other remuneration from a United States

source (other than an expense allowance or other reimbursement for expenses incidental to the temporary stay)

and otherwise satisfying the requirements of Section A to Annex 1603 of the NAFTA.

((2)) Management and supervisory personnel engaging in commercial transactions for an enterprise located in

the territory of another Party.

((3)) Financial services personnel (insurers, bankers or investment brokers) engaging in commercial

transactions for an enterprise located in the territory of another Party.

((4)) Public relations and advertising personnel consulting with business associates, or attending or participating

in conventions.

((5)) Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in

conventions or conducting a tour that has begun in the territory of another Party. (The tour may begin in the

United States; but must terminate in foreign territory, and a significant portion of the tour must be conducted in

foreign territory. In such a case, an operator may enter the United States with an empty conveyance and a tour

guide may enter on his or her own and join the conveyance.)

((6)) Tour bus operators entering the United States:

((i)) With a group of passengers on a bus tour that has begun in, and will return to, the territory of another Party.

((ii)) To meet a group of passengers on a bus tour that will end, and the predominant portion of which will take

place, in the territory of another Party.

((iii)) With a group of passengers on a bus tour to be unloaded in the United States and returning with no

passengers or reloading with the group for transportation to the territory of another Party.

((7)) Translators or interpreters performing services as employees of an enterprise located in the territory of

another Party.

(ii) Occupations and professions not listed in Appendix 1603.A.1 to Annex 1603 of the NAFTA. Nothing in this

paragraph shall preclude a business person engaged in an occupation or profession other than those listed in

Appendix 1603.A.1 to Annex 1603 of the NAFTA from temporary entry under Section 101(a)(15)(B) of the Act, if

such person otherwise meets the existing requirements for admission as prescribed by the Attorney General.

(Paragraph (b)(4) revised 1/1/94); 58 FR 69210)

(5) Construction workers not admissible. Aliens seeking to enter the country to perform building or construction

work, whether on-site or in-plant, are not eligible for classification or admission as B - 1 non-immigrants under

section 101(a)(15)(B) of the Act. However, alien non-immigrants otherwise qualified as B - 1 non-immigrants

may be issued visas and may enter for the purpose of supervision or training of others engaged in building or

construction work, but not for the purpose of actually performing any such building or construction work

themselves.

INSPECTORS FIELD MANUAL CHAPTER 15.4

(b) Visitors.

(1) Classification: B-1 Visitor for business.

Documents required: Passport valid for a minimum of 6 months beyond the period of admission unless

otherwise provided for or waived. Nonimmigrant B-1 visa unless waived.

Qualifications: Alien has a residence in a foreign country which he or she does not intend to abandon.

Subject to all nonimmigrant grounds of inadmissibility. Alien intends to enter the U.S. for a temporary visit

to engage in legitimate activities relating to business. Applicant has made financial arrangements to carry

out the purpose of the visit and depart the United States.

Terms of admission: Maximum admission is 1 year. A B-1 will be admitted for a period of time which is fair

and reasonable for completion of the purpose of the visit. Extensions are permitted in increments of 6

months (1 year for missionaries).

Notations on I-94: B-1 (date to which admitted). If seaman joining vessel, enter vessel name on reverse.

Special notes:

(A) Restricted admission period. Arbitrarily small admission periods needlessly increase the volume of

extension applications and should be avoided. Ordinarily, B-1 admission should be granted for the time

requested or longer, in order to reduce needless extension requests.

(B) Determining eligibility. Consider the source of remuneration and also the actual place of accrual of

profits for services rendered by an alien in determining whether an alien is classifiable as a B-1 (See

Chapter 15.5 for special NAFTA B-1 instructions). Each of the following has been determined to be

permissible B-1 activity if the alien is to receive no salary or other remuneration from a U.S. source (other

than an expense allowance or other reimbursement for expenses incidental to the temporary stay):

(1) An alien coming to the U.S. to: engage in commercial transactions (i.e., buying or selling) which do

not involve gainful employment in the US; negotiate contracts; consult with business associates, including

attending meetings of the Board of Directors of a U.S. corporation; litigate; participate in scientific,

educational, professional, or business conventions, conferences, or seminars; or undertake independent

research;

(2) An alien coming to engage in activities that would be classifiable under H-3 except that there is no

U.S. employer involved, and is either studying at a foreign medical school and is seeking to enter the U.S.

temporarily to taken an "elective clerkship" (practical experience and instruction in the various disciplines of

the practice of medicine under the supervision and direction of faculty physicians) at a U.S. medical school's

hospital without remuneration from that hospital or undertaking training at the behest of a foreign employer

by whom the alien is already employed abroad and from whom the alien will continue to receive his or her

salary while in training in the United States;

(3) An alien coming to install, service, or repair commercial or industrial equipment or machinery

purchased from a company outside the U.S. or to train U.S. workers to perform such services. (However, in

such cases the contract of sale must specifically require the seller to provide such services or training, and

the alien must possess specialized knowledge essential to the seller's contractual obligation to perform the

services or training and must receive no remuneration from a U.S. source. These provisions do not apply to

an alien seeking to perform building or construction work, whether on-site or in-plant except for an alien who

is applying as a B-1 for the purpose of supervising or training other workers engaged in building or

construction work, but not actually performing any such building or construction work);

(4) A professional athlete, such as a golfer or tennis player, who receives no salary or payment other

than prize money for his or her participation in a tournament or sporting event;

(5) An athlete or team member who seeks to enter the U.S. as a member of a foreign-based team in

order to compete with another sports team (provided: the foreign athlete and the foreign sports team have

their principal place of business or activity in a foreign country; the income of the foreign based team and the salary of its players are principally accrued in a foreign country; and the foreign based sports team is a

member of an international sports league or the sporting activities involved have an international

dimension);

(6) An amateur team sports player who is asked to join a professional team during the course of the

regular professional season or playoffs for brief try-outs (The teams may provide only for such expenses as

round-trip fare, hotel room, meals, and other try-out transportation costs);

(7) A professional entertainer coming to: (i) participate only in a cultural program sponsored by the

sending country; who will be performing before a nonpaying audience; and all of whose expenses, including

per diem, will be paid by the member's government; or (ii) participate in a competition for which there is no

remuneration other than a prize (monetary or otherwise) and expenses;

(8) Crewman of a private yacht, regardless of the nationality of the private yacht, provided the yacht will

be sailing out of a foreign home port and cruising in U.S. waters;

(9) An alien coming to perform his or her responsibilities as a "coasting officer" (A coasting officer is

used when an officer of a foreign vessel is granted home leave while the vessel is in U.S. ports. The vessel

does not remain in U.S. waters for more than 29 days, and the original officer returns in time to depart with

the vessel. The coasting officer may then repeat the process with another vessel of the same foreign line);

(10) An alien seeking investment in the U.S. which would qualify him or her for E-2 status (Such alien

is precluded from performing productive labor or from actively participating in the management of the

business prior to being granted E-2 status);

(11) An alien performing services pursuant to the Outer Continental Shelf Lands Act Amendments of

1978 (The consular officer will annotate "OCS" on the B-1 visa). Alien construction workers who are

entering to work from a derrick barge to construct an oil platform on the outer continental shelf are

considered to man and crew the barge, not the platform. Foreign-owned barges are exempt from the

requirements of 43 U.S.C. 1356(a)(3) which requires that any vessel, rig, platform, or structure used in

regulated operations on the outer continental shelf be manned or crewed by U.S. citizens or lawful

permanent residents. The Immigration and Nationality Act does not apply to aliens who are manning or

crewing foreign-owned derrick barges on the outer continental shelf. Such aliens passing through the U.S. enroute to the outer continental shelf must have an appropriate visa, usually a B-1 visa. (In 1997, the

Supreme Court denied certification of a D.C. circuit court decision on this issue);

(12) A personal or domestic servant who is accompanying or following to join a U.S. citizen employer

who has a permanent home or is stationed in a foreign country, and who is visiting the U.S. temporarily,

provided the employer-employee relationship existed prior to the commencement of the employer's visit to

the United States;

(13) A personal or domestic servant who is accompanying or following to join a U.S. citizen employer

temporarily assigned to the United States (The consular officer will annotate "personal or domestic servant

of U.S. citizen (employer's name)" on the B-1 visa);

(14) A personal or domestic servant who is accompanying or following to join a foreign employer who

seeks admission into or is already in the U.S. in B, E, F, H, I, J, L, M, O, P, or R nonimmigrant status (The

consular officer will annotate "personal or domestic servant of nonimmigrant alien (employer's name)" on the

B-1 visa);

(15) An alien seeking to enter the U.S. for employment with a foreign airline engaged in international

transportation of passengers and freight in an executive, supervisory, or highly technical capacity who

meets the requirements for E visa classification but is precluded from entitlement to E classification solely

because there is no treaty of friendship, commerce, and navigation in effect between the U.S. and the

country of the alien's nationality or because he or she is not a national of the airline's country of nationality;

(16) An alien coming to perform services on behalf of a foreign based employer as a jockey, sulky

driver, trainer, or groom (Such alien is not allowed to work for any other employer);

(17) An alien coming to open or be employed in a new branch, subsidiary, or affiliate of the foreign

employer, if the alien will become eligible for status as an L-1 upon securing proof of acquisition of physical

premises;

(18) An employee of a foreign airline coming to pick-up aircraft if he or she is not transiting the U.S. and

is not admissible as a crewman (The alien must present a letter from the foreign airline verifying the

employment and official capacity of the applicant in the United States);

(19) An alien coming exclusively to observe the conduct of business or other professional or vocational

activity, provided the alien pays for his or her own expenses;

(20) An alien coming to participate in any program of furnishing technical information and assistance

under section 635(f) of the Foreign Assistance Act of 1961 (75 Stat. 424);

(21) An alien coming to participate in the training of Peace Corps volunteers or coming under contract

pursuant to sections 9 and 10(a)(4) of the Peace Corps Act (75 Stat. 612), unless the alien qualifies for "A"

classification;

(22) An alien coming to participate in the United Nations Institute for Training and Research (UNITAR)

internship program, who is not an employee of a foreign government;

(23) An alien coming to plan, construct, dismantle, maintain, or be employed in connection with exhibits

at international fairs or expositions if he or she is an employee of a foreign exhibitor and is not a foreign

government representative and does not qualify for "A" classification; and

(24) An alien coming to participate in a voluntary service program benefiting U.S. local communities,

who establishes that he or she is a member of and has a commitment to a particular recognized religious or

nonprofit charitable organization and that no salary or remuneration will be paid from a U.S. source, other

than an allowance or other reimbursement for expenses incidental to the volunteer's stay in the United

States. (The alien must present to the officer a written statement indicating his or her name, date and place

of birth, the foreign permanent residence address, the name and address of initial U.S. destination, and

anticipated duration of assignment).

(25) An alien employee of an international bridge commission coming to plan, construct, maintain or operate

bridge facilities at a port of entry within the immediate confines of the bridge area. (Added 9/15/97; IN97-02)

Requirements for Admission:

A citizen of Canada or Mexico seeking temporary entry into the United States to engage in a business activity

set out in Appendix 1603.A.1 shall be granted temporary entry, if otherwise admissible, on presentation of the

following:

(1) proof of citizenship

(2) documentation demonstrating the activity in which the business person will engage and describing

the purpose of entry

(3) the primary source of remuneration is outside of the United States (may be oral declaration)

(4) the principal place of business and place of accrual of profits is predominantly outside of the United

States (may be oral declaration)

The United States shall not require prior approval procedures, petitions, labor certifications or other procedures

of similar effect or impose or maintain any numerical restriction.

A Canadian citizen who is determined to be admissible as a visitor for business pursuant to the FTA may be

admitted as a B-1 for a period of time not to exceed 1 year. A Canadian citizen B-1 who requests documentation

may be issued an arrival/departure record, Form I-94, in order to facilitate reentry.

North America Free Trade Agreement (NAFTA) Appendix 1603.A.1: Business Visitors

Research and Design

Technical, scientific and statistical researchers conducting independent research or research for an

enterprise located in the territory of another Party.

Growth, Manufacture and Production

Harvester owner supervising a harvesting crew admitted under applicable law.

Purchasing and production management personnel conducting commercial transactions for an

enterprise located in the territory of another Party.

Marketing

Market researchers and analysts conducting independent research or analysis or research or analysis

for an enterprise located in the territory of another Party.

Trade fair and promotional personnel attending a trade convention.

Sales

Sales representatives and agents taking orders or negotiating contracts for goods or services for an

enterprise located in the territory of another Party but not delivering goods or providing services.

Buyers purchasing for an enterprise located in the territory of another Party.

Distribution

Transportation operators transporting goods or passengers to the territory of a Party from the territory of

another Party or loading and transporting goods or passengers from the territory of a Party, with no

unloading in that territory, to the territory of another Party.

With respect to temporary entry into the territory of the United States, Canadian customs brokers

performing brokerage duties relating to the export of goods from the territory of the United States to or

through the territory of Canada.

With respect to temporary entry into the territory of Canada, United States customs brokers performing

brokerage duties relating to the export of goods from the territory of Canada to or through the territory of

the United States.

Customs brokers providing consulting services regarding the facilitation of the import or export of goods.

After Sales Service

Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge

essential to a seller's contractual obligation, performing services or training workers to perform services,

pursuant to a warranty or other service contract incidental to the sale of commercial or industrial

equipment or machinery, including computer software, purchased from an enterprise located outside the

territory of the Party into which temporary entry is sought, during the life of the warranty or service

agreement.

General Service

Professionals engaging in a business activity at a professional level in a profession set out in Appendix

1603.D.1.

Management and supervisory personnel engaging in a commercial transaction for an enterprise located

in the territory of another Party.

Financial services personnel (insurers, bankers or investment brokers) engaging in commercial

transactions for an enterprise located in the territory of another Party.

Public relations and advertising personnel consulting with business associates, or attending or

participating in conventions.

Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in

conventions or conducting a tour that has begun in the territory of another Party.

Tour bus operators entering the territory of a Party:

(a) with a group of passengers on a bus tour that has begun in, and will return to, the territory of

another Party;

(b) to meet a group of passengers on a bus tour that will end, and the predominant portion of which

will take place, in the territory of another Party; or

(c) with a group of passengers on a bus tour to be unloaded in the territory of the Party into which

temporary entry is sought, and returning with no passengers or reloading with the group for

transportation to the territory of another Party.

Translators or interpreters performing services as employees of an enterprise located in the territory of

another Party.

Definitions

For purposes of this Appendix:

territory of another Party means the territory of a Party other than the territory of the Party into which

temporary entry is sought;

tour bus operator means a natural person, including relief personnel accompanying or following to join,

necessary for the operation of a tour bus for the duration of a trip; and

transportation operator means a natural person, other than a tour bus operator, including relief personnel

accompanying or following to join, necessary for the operation of a vehicle for the duration of a trip.

This appendix represents a list of business activities representative of a complete business cycle in which a B-1

business visitor seeking entry under NAFTA may engage. It is not an exhaustive list and nothing precludes a

citizen of Mexico or Canada from seeking entry to engage in traditional B-1 activities which are not included

within Appendix 1603.A.1.

Spouse and Children

The spouse and unmarried minor children of a Canadian or Mexican citizen classifiable under the FTA as B-1,

shall be admitted as B-2 provided they meet all existing requirements under section 212(a) of the Act. The B-2

spouse and children shall be admitted for a period of time commensurate with that of the B-1, not to exceed one

year. The spouse and children shall be eligible for an extension of temporary stay and shall be included in the

application for extension filed by the B-1.

Extension of Stay

A B-1 visitor for business may be admitted for not more than one year and may be granted extensions of

temporary stay in increments of not more than six months each.

Filing on Form I-539: A B-1 nonimmigrant alien, who seeks to extend his or her stay beyond the currently

authorized period of admission, must apply for an extension of stay on Form I-539 with the fee required in 8

CFR 103.7 of this chapter (currently $120, effective 10/13/99), together with any initial evidence specified in the

applicable provisions of 8 CFR 214.2, and on the application form. The B-1 nonimmigrant may include his

spouse and/or children on a single Form I-539. Extensions granted to members of a family group must be for

the same period of time.

Timely filing and maintenance of status. An extension of stay may not be approved for an applicant who

failed to maintain the previously accorded status or where such status expired before the application or petition was filed, except that failure to file before the period of previously authorized status expired may be excused in

the discretion of the Service and without separate application, with any extension granted from the date the

previously authorized stay expired, where it is demonstrated at the time of filing that:

(i) The delay was due to extraordinary circumstances beyond the control of the applicant or petitioner, and

the Service finds the delay commensurate with the circumstances;

(ii) The alien has not otherwise violated his or her nonimmigrant status;

(iii) The alien remains a bona fide nonimmigrant; and

(iv) The alien is not the subject of deportation proceedings under section 242 of the Act (prior to April 1,

1997) or removal proceedings under section 240 of the Act.

Decision in Form I-539 extension proceedings. Where an applicant or petitioner demonstrates eligibility for a

requested extension, it may be granted at the discretion of the Service. There is no appeal from the denial of an

application for extension of stay filed on Form I-129 or I-539.

Termination of status. Within the period of initial admission or extension of stay, the nonimmigrant status of an

alien shall be terminated by the revocation of a waiver authorized on his or her behalf under section 212(d)(3) or

(4) of the Act; by the introduction of a private bill to confer permanent resident status on such alien; or, pursuant

to notification in the Federal Register, on the basis of national security, diplomatic, or public safety reasons.

Employment. A nonimmigrant in the United States in a class defined in section 101(a)(15)(B) of the Act as a

temporary visitor for pleasure may not engage in any employment.

False information. A condition of a non-immigrant's admission and continued stay in the United States is the

full and truthful disclosure of all information requested by the Service. Willful failure by a nonimmigrant to

provide full and truthful information requested by the Service (regardless of whether or not the information

requested was material) constitutes a failure to maintain nonimmigrant status under section 241(a)(1)(C)(i) of

the Act.

Criminal activity. A condition of a non-immigrant's admission and continued stay in the United States is

obedience to all laws of United States jurisdictions which prohibit the commission of crimes of violence and for

which a sentence of more than one year imprisonment may be imposed. A nonimmigrant's conviction in a

jurisdiction in the United States for a crime of violence for which a sentence of more than one year imprisonment

may be imposed (regardless of whether such sentence is in fact imposed) constitutes a failure to maintain status

under section 241(a)(1)(C)(i) of the Act.

 

U.S. Department of Justice

Immigration and Naturalization Service

HQ 70/6.2.2-C

HQ70/13.1;HQ70/21.11

425 1 Street NW

Washington, DC 20536

JUL 2 1998

MEMORANDUM FOR: All Regional Directors

Director, Office of International Affairs

FROM: Michael A. Pearson

Executive Associate Commissioner

Office of Field Operations

SUBJECT: Tour Bus Operators and Other Transportation Operators Applying for Admission

as B- I Visitors. for Business

Questions have been raised in recent years with respect to the admission of tour bus operators

and other transportation operators as visitors for business (nonimmigrant classification B-1) under INS

regulations at 8 CFR 214.2(b)(4)(1) and (11). This memo is to provide guidance in determining whether

tour bus operators or other transportation operators are admissible into the United States as B- I visitors

for business.

Questions Reviewed by Headquarters:

I . Whether Canadian and Mexican tour bus drivers are admissible as visitors for business

(nonimmigrant visa classification B- 1) under Chapter 16 of the NAFTA and INS regulations relating to

'tour bus operators' under the "General Service" provisions at 8 CFR 214.2(b)(4)(1)(G)(6), when the trip

is an international tour, but the beginning and end of the trip is. in the United States.

2. If not admissible as 'tour bus operators' under the provisions at 8 CFR

214.2(b)(4)(1)(G)(6), whether these drivers are admissible as B- I visitors for business under the

regulations relating to 'transportation operators I under the "Distribution" provisions at 8 CFR 2

14.2(b)(4)(1)(E)( 1), or whether this kind of trip constitutes point-to-point hauling.

3. If not admissible as 'tour bus operators' under the regulations at 8 CFR

Memorandum for Regional Directors/ Director, HQOIA Page 2

Subject : Tour Bus/Transportation Operators Applying for Admission as B- I Visitors

2 14.2(b)(4)(1), whether these dri