From: rskhanna@access.digex.net (Rajiv S. Khanna)
Newsgroups: alt.visa.us,soc.culture.canada
Subject: *** Self Employment in U.S. By Canadian Professionals *** (RSK)
Date: 15 Oct 1993 08:20:40 -0400
Organization: Law Offices of Rajiv S. Khanna
Lines: 62
Message-ID: <29m4io$jrj@access.digex.net>
NNTP-Posting-Host: access.digex.net
Xref: mimsy alt.visa.us:2399 soc.culture.canada:25291


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	INS has expressed its position (disapproval) on self
employment by Canadian profesionals on TC visas in
the following cable:


          The purpose of this cable is to provide
     clarification regarding the TC classification for
     professionals under the FTA.

          Headquarters has learned of several instances
     where Canadian citizens seek entry as TC to work in
     self-owned businesses in the United States.  Our view,
     and that shared by the Canadian representatives to the
     FTA Chapter 15 working group, is that self-employment
     circumvents the provision for the entry of FTA
     professionals and is outside the scope and spirit of
     the FTA since it sets up a permanent presence in the
     host country.

          The Canadian immigration manual, chapter on the
     FTA professionals, specifically states "a person
     wishing to be self-employed in Canada is not eligible
     for entry under this category".

          Headquarters advised that Canadian citizens
     interested in entering the United States for the
     purpose of directing or developing a business
     investment should seek the investor, E-2,
     classification.

          Our regulations at 8 CFR ' 214.6(d)(2)(i) indicate
     that qualifying documentation for TC classification in
     order to engage in services at a professional level
     [may be in the form of a letter from] a United States
     employer(s) or the foreign employer.  This provision,
     as codified in 1989, was a mirroring of the former H-1
     provision which allowed for foreign petitioners.  The
     provisions was intended to facilitate the entry of a
     Canadian citizen seeking to offer services as a TC to
     more than one client in the United States by allowing a
     foreign employer to supply the necessary letter as a
     reasonable alternative to letters from all U.S.
     clients.

          With the passage of time since the entry into
     force of the FTA, the Service recognizes the need to
     clarify the language at 8 CFR ' 214.6(d) and
     appropriate amendments will be published as a proposed
     rule.  In the interim, the above content of this cable
     should serve as guidance in determining admissibility
     as TC nonimmigrants.


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