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Eugene Nahemow
11-16-2004, 08:31 PM
http://www.offshoreonly.com/forums/showthread.php?t=90591

Lenny
11-16-2004, 08:36 PM
Eugene, thanks for the link BUT, I am NOT welcome to come to your Country and perform a job. I have been kicked out of the USA once before just for having a "tape measure" and told that an American can measure just as well as a Canadian. A friend of mines Dad, (late 60's) was recently kicked out of Washington and escorted by sheriff to the border crossing for helping trim bushes and such at a friends house. I am not even allowed to cut a lawn in your Country. So, you can see that doing millwork in a 51 Bertram should land me in jail for many years to come.

thanx anyway ;)

Eugene Nahemow
11-16-2004, 08:44 PM
Why is that?

When I had my design practice in N.Y., I would have much of the cabinetry and furniture fabricated in Germany. After it was finished we would fly the cabinet meisters over for the the installs. It was never a problem.
They would send their tools in a crate, fully listed and declared(along with cases and cases of beer... not fully listed :D ) and ship their tools back after the job was finished.

Why can't a Canadian subcontract a job?

Bryan Tuvell 33ZX
11-16-2004, 08:52 PM
Lenny:
There has to be more to your story.
I am not buying it.

Not in the USA.
Bryan Tuvell

Way far to the Right...... :p

Lenny
11-16-2004, 09:13 PM
True as true as can be Bryan. I have made cabinetry before, sold it to US citizens, then had it shipped. If I was caught installing it in your Country I would be on the next plane out. When I have done work there before, (not been caught) the homeowners keep their front doors closed, and ask that I do not go back and forth to the vehicle (truck) in the driveway. They do it for me.

This is the truth. Believe me, if I could have I would have gone to work on Tuxs' home in Tuxedo in exchange for an "X" (18 that is, not his girlfriend.) ;)

Anyways, ask around, and you will find that if I am not sponsored by an American Company, c/w with a "temp" Green card, which is all but impossible for us to get, I am NOT allowed to work there. If you could see what happens locally here in Washington, you would realize I am NOT making this up. It is a MAJOR no no. :yes: I am serious about my friends dad working on his US friends lawn and garden. To boot, he is also a NEXUS card holder and has a summer home two blocks away from where he was helping. You are allowed to work on your OWN home, as are your direct siblings, but no one else if you are not a US citizen. Things are definately different in Texas and Mexican border states I agree, but it doesn't fly here.


(iv) Must be entering to perform acceptable B-1 duties

The B-1 visitor for business must not be entering to perform productive tasks that could be carried out by local U.S. workers. This is a difficult requirement to define and might depend on the judgment of the officer at the port of entry.

Individuals in the United States on B-1 status may consult with business associates, attorneys, or accountants, participate in professional or business conventions, and negotiate contracts or seek investment opportunities. Entering to make purchases for export is acceptable. The B-1 business visitor may also buy personal or real property in the United States.

The following business activities can be performed in the United States by a Canadian citizen with B-1 status under Schedule 1 of the North American Free Trade Agreement (NAFTA):


Research and design, including technical, scientific, and statistical research.
Growth, manufacturing, and production, including harvest owners supervising harvesting crews and purchasing and production management personnel conducting commercial transactions.
Marketing, including market researchers and analysts and trade fair and promotional personnel attending trade conventions.
Sales, including sales representatives and agents taking orders and negotiating contracts for goods or services, but not delivering goods or providing services; buyers purchasing for an enterprise located in Canada.
Distribution, including transportation operators delivering to, or loading and transporting from, Canada or the United States, with no intermediate loading or delivery within the United States; customs brokers performing brokerage duties associated with the export of goods.
After-sales service, including installers, repair and maintenance personnel, and supervisors possessing specialized knowledge essential to the seller's contractual obligation, performing services or training workers to perform such 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 country, during the life of the warranty or service agreement.
Case

Cancorp is relocating much of its manufacturing to the U.S. They transfer manufacturing machines to their U.S. facilities. The company who sold the machinery to Cancorp in Canada (Sales Corp.) services the equipment. Cancorp needs the services of employees of Sales Corp. to maintain the proper functioning of their machinery.

Solution: An employee of Sales Corp. obtains a B-1 visa for one year. The employee can continue to perform services on the machinery in the U.S. based upon an after-sales service warranty, even though the sale was made within the corporate group.

(1) General Service Personnel Granted B-1 Status:


Professionals who would be eligible for H status but who receive no payment from a source within the United States.
Management and supervisory personnel engaging in commercial transactions for an enterprise located in Canada.
Computer specialists who would otherwise qualify for H status but who receive no payment from a U.S. source.
Financial services personnel engaging in commercial transactions for enterprises located in Canada.
Public relations and advertising personnel consulting with business associates or attending conventions.
Tourism personnel attending conventions or conducting tours that began in Canada.
Translators or interpreters performing services as employees of a Canadian enterprise.
An additional group of Canadian professionals eligible for B-1 status are also eligible for TN classification under NAFTA [section 3.2B]. Such professionals can enter the United States by providing documentation demonstrating that they are engaged in one of the professions designated in NAFTA.

(2) Document Necessary to Prove Requirement


Letter from Canadian employer [Guidelines, section (i), 2 b), f)]
(v) Ownership of the employing company must be located outside of the United States

To qualify for B-1 status, the employing entity must have non-U.S. ownership. In other words, profit from the B-1 status activities in the United States must accrue outside of that country.

(1) Document Necessary to Prove Requirement


Letter from Canadian employer [Guidelines, section (i) 2 c)]


Construction/installation (labour intensive industry) is a no fly zone Bryan. I own the Company, I am free to sell it to the USA, most here do by the B-train (California multiple dwelling units comprise the largest sector of Cabinetry export from here) BUT, I am not welocme to come down there, or anyone else from my Company to install it.

:)

Formula Jr
11-16-2004, 09:39 PM
Bryan, NAFTA ONLY works for the big boys. And the second it doesn't work for the big boys, they call it a loop hole and then shut it down. Last time I crossed the Can. border, they asked if I had any power tools cause I looked like a tradesman. I've been looking into Italy lately as a place to live and explore for a while - the thought predates the elections by and by. Extra legal activities will need to be accomplished to do that. Canada doesn't want Americans working in their country either. Same thing as Lenny states on both sides of nationality. We are all free to do what ever we want............in our pens.

Ed Donnelly
11-16-2004, 09:50 PM
You can't enter the States in your personal pick up if you have trade tools or supplies. Sheetmetal snips, jug of freon or gauges, analizer etc.......Ed

Bryan Tuvell 33ZX
11-17-2004, 04:41 AM
Wow...
Thanks for the education.
Bryan

Cuda
11-17-2004, 06:19 AM
Too bad Lenny isn't from the country south of us, there are millions of them working in the USA. :mad: