Keep documents close: Experts share tips on how to travel to the U.S. without raising red flags

Canadian and American flags fly near the Ambassador Bridge at the Canada-U.S.A. border crossing in Windsor, Ont. on Saturday, March 21, 2020. (THE CANADIAN PRESS/Rob Gurdebeke)

Trips to the U.S. from Canada are feeling increasingly tense for many Canadians in recent months. Reports of travellers being asked to hand over phones, share their social media accounts and confusing rules at border crossings have left some feeling nervous about travel down south.

But what if you need to take a trip for work? Two experts spoke with CTVNews.ca to share the things border officers are looking for that can determine whether you enter the country without a problem, or if you could be turned away.

Ksenia Tchern McCallum, a Toronto-based immigration lawyer, said it can be confusing at border crossings when travellers are asked about the purpose of their trip, particularly if the travel is for a conference or a meeting with an American client.

“They’re not going to work in the U.S.,” Tchern McCallum told CTVNews.ca Friday. “They’re actually just performing work for their Canadian entity. But with tighter scrutiny at the border, they’re definitely doing a bit more interrogative work.”

“You have to be prepared how to answer them,” she added.

Documentation and thorough explanation

Tchern McCallum said it’s important to be clear that your employer is Canadian, and to have both “documentation and a thorough explanation” to support what you’re telling them. This could include pay stubs or a letter of employment, and if you’re going for an event, it helps to bring an itinerary or ticket.

“Clearly stipulate that you continue to be employed in Canada, that you continue to live — and your whole life remains — in Canada, but you’re essentially going for these short-term duration trips to the U.S.,” she said.

She warns not to confuse things by saying you’re going to work in the U.S., as it will have the potential to trigger additional scrutiny and questions about work permits and statuses. Working remotely in the U.S. for a prolonged period is also considered a “big no-no” at the border, she added.

“As long as you maintain your employment in Canada, and that you’re not actually doing any sort of hands-on labour, or entering the U.S. labour market, you’re OK.”

Christine Jurusik is a Canadian immigration lawyer based in Buffalo, N.Y. She said it helps to bring documents that prove you are coming back to Canada.

“You can bring a mortgage statement, something with your address on it, and say, ‘hey, I have a condo, and I’m coming back to it.’” she said.

Jurusik added that it also helps to prove how long you’ll be in the U.S. for, with documentation from events, itineraries, hotel booking and travel tickets.

Can the work be done by an American?

There are grey areas where things can get complicated when travelling for work to the U.S. For example, Tchern McCallum said if a Canadian employee is sent to the U.S. to repair a product that was sold to an American client, it would have to be assessed if the work could be done by an American.

“You have to determine if you are actually performing any sort of labour that could be done by (a) U.S. national,” she said, adding that there are agreements that include after-sales services between Canadian and U.S. entities.

Jurusik said she’s had clients get declined entry into the U.S. with a truck full of paint, which was intended to be used on a rental property.

“That’s unskilled labour,” she said. “You can’t come in and do that. You’re supposed to hire an American to come and perform that work.”

Consulting work is also above board, if there is no payment involved while they’re in the U.S., Jurusik said. So, if a tailor goes to the U.S. to measure a client for a suit, that’s allowed. However, they must return to Canada to manufacture the suit and then ship it to the client.

Canadians can also invest in businesses in the U.S., but they can’t work for them.

“If you’re putting some money into a restaurant (in the U.S.), you can come in and bring that money in and invest that in the United States while as a visitor,” Jurusik said. “What you can’t do is manage that restaurant or manage that business while you’re (in the U.S.), you would need a visa to do that or a status to come in and do that. “

She recommends looking over the government’s reference manual that helps break down what’s allowed and not allowed when travelling to the U.S. for work.