Short version: I was refused entry into the United States on the grounds that Canadian companies cannot sell consulting services to American companies — even if all the work is performed in Canada. I was told that if a company or an individual wants to sell services to a US client they must find a US citizen to perform the work — or have the client petition for a visa for the Canadian performing the services.
February 11, 2009. At Dorval airport. Going to Washington DC to see my son, meet with a client, and then on to Seattle for a week-long consulting gig for another client. Fill out immigration card. Primary purpose of travel? Business. Get boarding pass, head to immigration.
My turn. I think nothing of it, answer all the officer’s questions with a smile, and just as I think I’m done and heading off to security I hear “Please come with me.” Shit. I’m going into that place every international traveler dreads: The Side Room. The officer asks me to take a seat and tells me someone will be with me in a moment. I thank him and he leaves to go back to the line. After a short wait a youngish, blonde immigration agent invites me to come into her office. “HENSLEY” says the badge on her uniform.
The conversation goes something like this:
— Where are you going?
— I’m going to DC to see my son and check in with a client. Then I’m going to do some work for a client in Seattle. [I say name of client... from now on we'll just call them Awesome Client.]
— What do you do?
— I’m a communications consultant.
— What does it mean to be a communications consultant?
— … uhh … I help people use the Internet … use Twitter [WTF Christine! Note to self: work on your interrogation-room pitch.]
— What exactly are you going to do for Awesome Client? You’re just gathering requirements?
— I’m helping them develop their communications strategy.
— How much are they paying you?
— … …. … [finding question irrelevant and offensive; having trouble talking] … uhh $4500 … I’ll be there for a week. I’ll participate in meetings. My deliverables are recommendations for their communications strategy. I usually work hourly but this contract is for a specific deliverable.
— Why aren’t they hiring an American to do this work?
— … [Now my hands are shaking. Really getting angry. Thinking of nasty replies.] … Well my specialty is communications for international development. And technology.
I explain that I have a company, a Quebec corporation. The contract is between Awesome Client and the company. I’m an employee of my company. My company sells services to US clients. Ms Hensley explains that I cannot do consulting work in the US without a visa. That if my clients want me to do the work they would need to petition for a visa. That I’m displacing an American worker. She says: “Four million American workers lost their jobs last year.” She explains that I cannot work for a US company. I cannot displace American workers. But they’re clients, I say, I am selling consulting services. You can’t do that, she says.
Then I think there may have been some discussion about the fact that I used to have a green card. (Background: After 10+ years in the US I decided not to become a citizen, to move back to Canada, and to renounce my resident alien status. I like the States, but the more I lived there the more I realized I’m a Montrealer, a Quebecois, and a Canadian. And I really needed to go home. Topic for another post.)
Ms Hensley then gets up, excuses herself. She’s going to talk to her supervisor. I’m upset: What about my plane? What about Liam? I feel small and intimidated. Then I think: Damn, this will make quite a blog post. Wonder how my friends will react to that tweet? I feel better knowing that I will get out of this room and tell EVERYBODY. I feel better knowing that I have a voice and that there are others who will help me amplify it. I pull out my notebook and start taking notes. I’m getting my thoughts organized so that I can get her to confirm the facts when she comes back. I want the post to be accurate.
She walks back in. The dynamic is different from both sides. I see that she’s actually quite nice and has been trying to find a solution. She tells me that she can let me go see Liam but I can’t go to Seattle. I can only stay until Monday or Tuesday — less than a week. (Problem is that I have no return flight from DC. My itinerary is Montreal-DC-Seattle-Montreal.) Then she says I can apply to get my green card back based on the fact that I was not properly informed that I can have commuter status. She explains about people she know who work at the airport and…
I cut her off. “I appreciate you telling me that. But I don’t want a green card. What I don’t understand is that I can’t have American clients. Are you telling me that Canadian companies cannot sell services to US clients?” You can if you get a US citizen to do the work, she says. You can go gather requirements but you cannot be paid for your time without a visa. “So what if if go to my meetings at Awesome Client, gather all the information, and then write the communications strategy recommendations when I get back to Montreal. Does that work?” No, she says. Because you’re still displacing an American job. “So even if I don’t go to the United States the work is illegal?” Yes, she says. The question you have to ask is “Am I displacing a US worker.”
Now I can’t believe what I’m hearing. I explain that with the Internet now people have the ability to work remotely. And that lots of people work from Canada for US clients. (Silly me I didn’t bring up Indian call centres. Or software developers. Or the American companies who displace thousands upon thousands of their own country’s workers by contracting out services. Or that I sometimes I hire US consultants.) I draw her a diagram in my notebook just to make sure we understand each other. No, she says, you can’t. Money cannot leave the United States. My clients will have to get a visa for me. There’s a TN visa (thanks, NAFTA) but she does not think I qualify. I thank her and tell her that I will have to re-book my flight. She walks me out.
I call Awesome Client and tell them what just happened. He flips out. “What?! Okay let me figure this out.” Twenty minutes later we think there’s a solution. Because I’m providing high-level strategic advice and facilitation, and because I have deep experience in Awesome Client’s line of business, I’m qualified for a TN-1 visa under as a “Management Consultant”. His team can get everything together and courier it to me in the morning. Fair enough. I am comfortable with that. But I need to go check if it will fly with Ms Hensley. If she’s not on my side forget it.
I go back to security and ask if Ms Hensley would agree to come out and speak to me. To my surprise she comes out right away. I explain that my scope of work fits under the category of Management Consultant. I explain that I’ve asked her to come out because in the end it’s her people who make the call and I want everything to be cool. She is super nice and tells me everything I need. I thank her and as I’m walking away she says:
“Don’t forget you can go see your son still — we don’t mind.”
I understand she’s doing her best to be nice. But all I feel when I hear that is rage. A total, ferocious, lioness-style don’t-fuck-with-me-and-my-baby rage. I hold it down and smile and say “Okay, thanks!”
Now am waiting for letter on Official Letterhead from Awesome Client. Have dug out Original Copy of my Master’s degree (which, ironically, is from American University). Finding it hard to focus today.
There are so many levels of issues here I don’t even know where to begin. Maybe I will start by pointing out that the law is clearly behind the times.
UPDATE: Part Two of this story is even wierder. If that’s possible.
February 12th, 2009 at 2:22 pm
When it comes to immigration, honesty isn’t worth it. In the future, just tell them that we’re hanging out.
And should I feel bad about when I, an American, do work for Canadian entities?
February 12th, 2009 at 2:37 pm
What friggn douche bags… now I am even pissed. I used to fly last year to NYC every week and explain to the customs people I was a consultant and they did not care. Now that their economy goes to shit they are changing their story. Nice, real nice…
Personally, I just for the most part think they do whatever they feel like doing.
February 12th, 2009 at 6:35 pm
She was right (and wrong)
She was right because you were going to work in US on false premises: work contracted outside of US (in Canada) but performed in Seattle. Not kosher.
She was wrong when she argued that you could not have US clients. Maybe she was intimidated by you (awesome guy) and just saying that you can’t have US clients. She might have meant, you can’t work directly in US under a visitor visa.
February 12th, 2009 at 9:52 pm
Oh man! Must have been so hard to stay calm! It won’t be getting any better with the way the economy is going. And even if you hadn’t said anything, I heard that they sometimes Google you and check blogs while you wait.
February 13th, 2009 at 9:22 am
Well done for turning rage into content. Now you tell me, who is the awesome one? The client or the contracted? :) I’m still confused about what the actual law is…and about what comes next for you. Will you always qualify as a management consultant…and? will you always have to have a TN1 to work in the US for US clients? Displacing US workers…is a joke – most of the job losses have been in an entirely different industry, and obviously not related to web-communications work. As I found out recently here in Rio, you just dont argue with authority, the important thing is to find out what the law is and get a good lawyer to advise you on what is your right – then use that, always, while being very respectful and bashful with the Ms. and Mr Hensleys of this world…
Totally agree, the law is behind the times…but then again we always knew you were back from the future to enlighten us!
February 13th, 2009 at 9:45 am
In this case I think the actual law has pretty much nothing to do with what happened, it’s purely a paranoid, freaked by the economy, lets protect our own, erroneous interpretation of the law.
When you see bills pass with — for a time — protectionist provisions, you can easily see how some low level douche can think she heard a message to be strict on everything and protect americans.
This is another one of those freaky american moments we kind of stopped worrying about when Mister O. walked in the White House but he’s got us worried on some fronts and we haven’t had that much trickle down Obamanian smarts yet.
February 13th, 2009 at 1:43 pm
@Daniela. What I do definitely falls under management consulting. From the US Bureau of Labor Statistics Occupational Outlook Handbook: “Management analysts, often referred to as management consultants in private industry, analyze and propose ways to improve an organization’s structure, efficiency, or profits….In recent years, information technology and electronic commerce have provided new opportunities for management analysts. Companies hire consultants to develop strategies for entering and remaining competitive in the new electronic marketplace.” Yep. That’s me. Aren’t I lucky I fit into their little bucket? Ohhhh. The power to name things. (See also definition of public relations: a management function that focuses on two-way communication and fostering of mutually beneficial relationships between an organization and its publics.)
My practice focuses on the relationship between communications, efficiency, and profits (or social impact). One of the first things I look at is organizational structures, processes, and information flows. These profoundly impact a team’s ability to communicate effectively with external publics. (Especially with distributed teams.) That’s why communications and knowledge sharing are the same thing — part of the same continuum. And support and leadership for this has to come from the top and be integrated into an organization’s structure and culture.
But all of this aside there’s a bigger issue here. I’m not sure how to articulate it yet. I do work for US clients (oooops, did work) but I’ve also been responsible for lots of Americans getting work here in Canada. I’ve actually created more jobs for Americans than I’ve “displaced” — and the more work I get, the more likely I will be able to create jobs for everyone. Pat Buchanan wrote on this recently. His take is not just simplistic (mentions only goods — what about services?) and populist — it’s wrong. (Not to mention slightly paranoid: One world government? Nice rhetorical strategy, though. And one that will resonate with lots of Americans. Gotta hand it to him.) It’s wrong because this is not a zero-sum game. I love my country and my community; I need to live here and be involved. But we — all of us, in all countries — can work together, help each other, rebuild, and create wealth. For everyone. In this new, interconnected world we have to learn to strike a balance between self (nation) and other. I’m not sure exactly how to do that. But I do know that a global view, and specifically global empathy, is critical. It’s also a security issue. But again, topic for another post.
As you know, I’m connected to a vast network of smart people — knowledge workers — based, well, everywhere: Canada, Brazil, Sri Lanka, Spain, Uruguay, United States, Chile, Peru, etc. Will it be increasingly difficult to pull together international virtual teams? Do we all have to be hired by the same big multi-national for our work to be kosher? Scary.
February 13th, 2009 at 5:23 pm
Free trade is wonderful and everyone should have free trade… except when it doesn’t suit us.
February 14th, 2009 at 6:29 am
I have to agree with Pat here. No surprise we are partners.
My indignation grew stronger as I was reading each line of your post.
I think this low level immigration agent is hooked on the Patriot Endorphin© and she needs to get her facts straight.
The only problem I might see here is that you did not have all of the supporting documentation needed (such as the TN Visa) to cross the boarder. Something that can easily be overlooked when working and living in the information era.
In this border-less world we live in, all well informed, competent immigration agent should be proficient in International Trade Law. If she had a copy of the NAFTA Appendix 1603.D handy, she could have skimmed through and easily identified that you where qualify as a Management Consultant.
WTO and NAFTA have been established for people owning a certificate of incorporation (which you do) to conduct FREE (with few restriction) TRADE (business) with other countries. Denying you entry in the US on the pretense that you are displacing American Job is dishonest or plain stupid.
The only thing that could potentially prevent you from conducting business with US companies is the protectionist provisions in the stimulus package that was passed by the U.S. House of Representatives on January 28th.
Here’s some comprehensive tips and step by step details on how to get a TN Visa to work in the United States. A site I stumbled upon will doing a bit of research on international trade law.
http://www.wikihow.com/Get-a-TN-Visa-to-Work-in-the-United-States
http://www.americanlaw.com/1603d1.html
Why is it only the western countties that enact law that includes protectionist provisions
February 14th, 2009 at 11:47 pm
I had nearly the same thing happen to me, but in reverse. I was flying into Canada to do consulting work up your way, got pulled aside, spent two hours being interrogated. Was told that I wasn’t allowed to do this work — I think the only reason they finally relented was when I was able to get through to them that I was working for IDRC — in other words, for the Canadian government itself. All in all, it’s quite clear that the system is broken.
February 15th, 2009 at 8:28 pm
And you are canadian… I have a French passport. Since the start of Irak war, I had very difficult crossings of the borders. Working for an international organization with offices in the world, doing some obscure standards work, going to conferences and work with my colleagues in their offices, it has almost always been troublesome to go through immigration. If you had on top of that, the finger printing, the photo… It is depressing. I have been to countries with authoritative power which were friendlier.
For two years, I have even stopped going to USA altogether missing big meetings.
Good luck, for the rest.
April 26th, 2009 at 7:13 pm
I work for a U.S. company and am doing consulting for a Canadian company. I was required, by the Canadian government, to obtain a work visa.
It’s exactly the same procedure for a U.S. citizen to work in Canada.
August 6th, 2009 at 8:13 am
hi thanks for the service you do offer to us .but my problem is am in uganda but i feel i want to become a us citizen and even if don’t become but i have a lot of desires to work but i want to get a job in the USA even i don’t have the money. for sure i have no money am a graphic designer and i love USA with the whole of my heart.
hope to here from u when giving me advice
i will be happy for that
yours faithfully
sentongo peter
kampala, uganada
March 1st, 2010 at 10:14 pm
By any means. I’m american and you are not replacing our jobs. American companies are. How are they going to stop someone from doing work online during this information age with the technology that is available? Ugh…