The land border between the US and Canada remains closed until October 21, 2020 for “non-essential” travel. The travel restrictions do not apply to travel by air, sea and to freight rail. The “essential travel” includes but is not limited to: (i) U.S. citizens and legal permanent residents, (ii) international students, (iii) people traveling to receive medical treatment, (iv) emergency responders and public health officials, (v) truck drivers moving cargo or other individuals engaged in international trade, (vi) official government and diplomatic travel, and (vii) members of the U.S. armed forces and their spouses and children.
Most U.S. ports of entry interpret the restrictions that only B1/B2 travel is prohibited, while other ports of entry interpret the restrictions more narrowly and require proof of “essentiality”. The Customs and Border Protection is still performing routine adjudications of TN and L-1 petitions at the land ports of entry, although some land ports are requiring proof that the proposed employment is “essential”.
Canada’s Quarantine Act requires anyone who is permitted to enter Canada to self-isolate for 14 days following entry to Canada (unless they are flag-poling).
Please note that this article does not constitute legal advice. We simplified the law to outline the law. If you to schedule a consultation, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.
E-1 visa requires (a) a treaty, (b) the individual or business possess the nationality of the treaty country, (c) the
activities the applicant will engage in constitute “trade”, (d) the trade is
substantial and (e) principally
between the US and the treaty country, (f) if an employee is the applicant, (s)he
to an executive or supervisory position or possesses essential skills to the US
operation and (g) intends to depart the US when the E-1 status terminates.
The items of “trade”
include but are not limited to goods, services, international banking,
transportation, communications, data processing, advertising, accounting,
design and engineering,
management consulting, tourism, technology and its transfer, and some news-gathering
activities. As you can see, it does not have to be only
physical goods. Here is an example.
My client owns a Canadian franchised custom home building and renovation company that offers its clients the home building and renovation services through the company’s network of franchisees. My client formed a US company to engage in the business of offering and granting franchises in the United States. The Canadian company provides accounting, legal, broker, marketing and training services to the US company. There is an actual exchange of services and moneys that create transactions considered “trade”. E-1 visa was approved quickly.
Please note that this
article does not constitute a legal advice. We simplified the law to
outline one aspect of E-1 visa. If you
would like us to discuss if you qualify for E-1 visa and help us get you an E-1
visa, call our experienced E-1 visa attorney at 480-425-2009 or schedule your