Canadian production companies that sell films and/or television productions to US-based companies (including US studios, independents and streaming services) can face difficulties when sending their key personnel to the United States. The issue frequently arises when some or all of the Canadian production is scheduled to take place on location in the US.
Canadian production companies often focus on traditional US work permit categories that were created with the film and television industry in mind, such as the O-1B for aliens of extraordinary achievement in the motion picture or television industry, or the O-2 for related essential support personnel. However, these categories are relatively difficult to use and many foreign nationals will be unable to satisfy the onerous eligibility requirements.
Fortunately, the E-1 (treaty trader) category is a viable alternative to the O-1B and O-2 categories. Despite this fact, Canadian production companies tend to overlook the E-1 category, because it was initially intended for entrepreneurs rather than the film and television industry. A brief overview of E-1 eligibility requirements appears below.
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