Canadian Conductng Seminar Tour in US

[TV33]

I just need to know if it is possible for Canadian citizen to enter the US, sell tickets for, and conduct seminars on their own?

Since this is not a "professional" seminar topic, I can't see how a TN visa would cover it.

B Visas don't allow you to "provide services"

Since it's a self-employment type venture, H visas appear to be out.

I can't figure out how this could be done, except perhaps to set up a dual corporation and then contract the services using a J visa, but then you're going to be double taxed.

Does anyone have any insight here because I can't figure it out. Is there a way a TN visa could be used without the seminar corresponding to one of the Professions in the list? There has to be a way to do this.

 

[curiousGeorge]

If the person is paid outside of the US (i.e. in Canada by a Canadian firm), then they could probably apply for B1 status.

B-1 visa holders cannot take up work in the U.S. but the general rule is that the activities of the B-1 person in the U.S. must be for the benefit of the foreign employer. As the State Department's Foreign Affairs Manual (FAM) puts it, "Engaging in business contemplated for B-1 visa classification generally entails business activities other than the performance of skilled or unskilled labor."

Some examples of acceptable activities under B-1 status include: commercial transactions; contract negotiations; meetings and consultations with business associates; litigation; participation in company training or in professional or business conventions, conferences or seminars; research; visits to branch offices of one's company; and sales calls.

The following activities require a working visa, and may not be carried out by business visitors:
- Running a business.
- "Gainful employment".
- Payment by an organization within the US.
- Participating as a professional in entertainment or sporting events.

 

[TV33]

CuriousGeorge: I really appreciate your reply, but I'm just wondering because under NAFTA it states it's okay for: "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"

It states no "providing services". Wouldn't conducting a seminar be providing services and thus not permitted?

Under the B1 Visa it also states that's it's okay to "participlate in seminars". It seems there is a difference between conducting a seminar and participating in one.

I'm just wondering if the "providing services" prevents the use of a B1. Would the seminar be considered "gainful employment?"

If all it takes is to incorporate in Canada and pay myself through that company, that is super easy, but I'm unsure because the B1 seems to be geared toword "business deal" type activities, not selling tickets and running seminars.

Personally, I wish Canada was just part of the US. That would simplify things. It's not like there are any cultural/lifestyle differences. Anyway..

Would this mean I'd have to set up both a US corporation and a Canadian Corporation and somehow conctract myself through the Can. Corp? This seems possible though awfully difficult (not to mention issues of double taxation),

Surely I won't have to apply for a H1-B visa through my own corp?? What do you think?