Originally Posted by
Firebug4
I am hosting a picnic today so time is not something I have at the moment. the question that has been raised in this thread is one of the most challenging things for a CBP officer on the Northern border. When you are talking working in the United States vs conducting business in the United States, one of the many factors that are used to determine the difference is where your compensation is coming from. If you are being paid directly by the United States entity chances are that is going to be considered working in the United States. If your compensation is coming from the Canadian company you MAY be conducting business in the United States. Each case is unique and is examined separately. What matters the most is what the task that you will be completing in the United States. In the case, of consulting is it a specific problem that needs to be solved? That would be an acceptable task for a consultant. Being the US company's trouble shooter who fixes any problem as they occur would not be acceptable for a consultant. Providing ongoing IT server service would not be acceptable unless it was included in the original purchase contract.
There are a lot of variables. I will go into more detail including TN (NAFTA visas) later. I will also try to answer what ever questions folks may have.
To the OP, I can tell you the reason your NEXUS was denied was you indicated that you were considering using the NEXUS card to facilitate your entries for an activity that could necessitate a Visa to enter the United States to do. It should not affect your border crossings for personal reasons. However, you should expect some additional scrutiny tor the near future when applying for admission to the United States.
FB
Thank you very much FB for your detail information. One thing I would to like to find out too is can I still service my client remotely while I am in Canada? Also, I don't understand why during the interview the officer asked to take a photo copy of my personal US check and he claim that he could found out if I cross the border for business. Since I work for different client and they all deposit my invoice onto that account and none of those business activities conduct in US anywhere but in Canana my home office. I just don't want any miscommunication.
Thanks for your info.