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Do I require a visa or chance POE ?

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  • Do I require a visa or chance POE ?

    So here's the full story so you can understand my trepidation about attempting to enter the U.S. again without some sort of official documentation.

    I am a Canadian citizen and a professional caretaker for [Canadian] Olympic-level show jumping horses. I realize that I fall under the VWP but here is the tricky situation. I just returned from Florida for the winter competition circuit caring for these horses and have nearly expired the 6-month limit the VWP allows for Canadians. I entered the U.S. on November 12,2013 and returned back to Canada on April 9, 2014. I know that technically I wouldn't be allowed to reenter the U.S until November again but this job requires a lot of travel between the two countries.

    The unfortunate part is that the owner of these horses is neither a rider or a trainer, merely an investor. The trainer and rider of the horses is based out of Connecticut and so I would be temporarily based there and be traveling back and forth between Canada and the U.S. until next November. I calculated about 4 additional months of travel within the U.S. and at least 6 separate times of traveling with the horses into Canada and back.

    I suppose the real question is this; do I require or fall into the category of an official visa such as a B-1 or an extension to what is essentially a B-2 or will I have to chance the CBP officers every time I cross the border and hope that they feel generous? I already intend on having an official affidavit of employment from the owner, as well as copies of my Canadian bank statements showing I'm being paid in Canadian funds by a Canadian citizen, and proof of registered competitions for the horses, etc. but will this suffice to get me through? I don't want to be able to cross once and then be turned away the next time I try.

    I would also like to add that the owner and rider have left me to sort this out and if asked to sponsor I am sure they would, but in terms of other help I am more or less on my own.

    Sorry if it's a tad confusing, but everyone consulate and official I talk to has been equally confused and unhelpful. Any insight would be much appreciated!

  • #2
    even if you are paid in canadian funds by a canadian citizen , it is for the work you are doing in US while on a VWP. Work is not allowed either on a VWP or a B1/B2.
    They will interrogate you about your activities in US the next time you will enter, as you spent a lot of time in US on your last visit.
    And you will be sent back if you tell them your intent to work.

    You need to apply for a temp work visa like an H2b for this kind of work.
    Go to USCIS.GOV and look for H2b or talk to a good immigration attorney.

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    • #3
      I don't think that I need a H2b if I'm working for a Canadian company; I've traveled to Florida and other states for these horse competitions for years and have always been allowed in under the VWP. I may be "working" but I'm not doing an American's job, we're merely support for the athletes and horses competing. My only issue this time is that I've never done so many U.S. horse shows in one year and am worried about having to cross the border so often and my length of stay.

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