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B-1 visa for salespeople representing a Canadian company in the U.S.
Thanks for the chance to make this inquiry; I’m hoping you can offer a preliminary opinion on the viability of my preferred U.S.-business scenario and suggest possible areas of modification.

My wife and I are lifelong Canadian residents/citizens (she's a public-school Principal nearing early retirement and I’m an advertising writer/narrator and website designer; we both hold dual Canadian-Italian citizenship).

I’d very much like to be able, while in the United States for three months per year, to make 'cold' sales calls on companies and market my product; I specialize in, essentially, doubling website-generated traffic by adding professional audio narration to client websites and creating sales-driven text that boosts business.

I have two broad questions:

1) If I make a cold sales call in the U.S. and the business owner wishes to place an order, am I permitted, under any visa classification, to then generate a draft-version of the enhanced website while I'm still in the U.S. and then (still while in the U.S.) secure the customer’s approval of that draft version, e-mail that draft to my Canadian office for completion and then have the Canadian office either e-mail the finished product to the client or ground-ship it to him/her in CDR form (complete with appropriate border-crossing documentation)? The Canadian office would thus handle product completion, shipping and billing.

After each sale, I’d hope to be able to remain in the U.S., continue to make sales calls over a three-month period, show interested customers a rough draft on-site and then transmit that draft to the Canadian office for completion and eventual submission, from Canada, to the customer. If absolutely necessary, I could simply conduct the sale, refrain from any draft creation and simply arrange for the Canadian office to handle 100% of the project completion from Canada.

Finally, can the salesperson be the owner of the Canadian company? If not, could a spouse be the salesperson?
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U.S. immigration law admits only "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".

It is illegal for Canadian business people to sell their products or services while in the United States. You can take orders or negotiate contracts ...
 
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Posted 02/05/08 Closed 03/04/08
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