The L-1 Visa for Canadian Citizens

Canadian L-1 Visa Overview: 

Unlike other applicants, Canadians applying for the L-1 visa are able to apply to the Customs and Border Protection Agency (CBP) when entering the United States.  This advantage allows Canadian applicants to quickly enter the United States without needing to submit an application to the USCIS.  Additionally, it may be possible to correct any deficiencies in the L-1 application.

Who Qualifies for a Canadian L-1 visa: 

The L-1 visa is available to Canadians who have worked in a qualifying position for at least one year outside of the United States and will be entering the United States to work with a qualifying company in either an executive or managerial capacity or in a specialized knowledge position.

Who Has the Burden of Proof: 

all aspects of the L-1 visa, the burden of proof is on the petitioner and beneficiary to demonstrate that the application meets the required standards.

What is Required for the Canadian L-1 Visa: 

To qualify for the L-1 Visa as a Canadian,the application must demonstrate that:

  • the applicant is coming to work for an entity in the U.S. that is the parent, branch, affiliate, or subsidiary of the entity in the foreign country
  • the applicant intends to work in a qualifying capacity as an executive, manager, or in a specialized knowledge position.
  • the applicant has worked in a qualifying position for the required time of one year.

Additionally, the applicant must demonstrate Canadian nationality.

Conclusion:

Canadian citizens working overseas for a foreign entity may be able to obtain the L-1 visa by applying at the border.   If the application qualifies, the Canadian L1 applicant may be able to obtain the immigration status much more quickly compared to non-Canadians.  To ensure your eligibility, and to prepare your application correctly, please contact a Canadian L-1 visa lawyer.

Related Information for Canadian L-1s:

CBP Standards for Accepting and Adjudicating I-129 Petitions for L-1 Intracompany Transferee Petitions for Canadian Citizens under the North American Free Trade Agreement (NAFTA), January 3, 2012