Frequently Asked Questions About the L-1 Intra-Company Transferee Visa for Canadian Citizens Applying to the USA:
1. What is the L-1 Visa?
The L-1 visa is a non-immigrant visa that allows companies operating both in the United States and abroad to transfer certain classes of employees from their foreign operations to their U.S. operations. This visa is commonly used by multinational companies to bring employees with specialized knowledge or those in managerial/executive positions to the United States.
2. Who is eligible for the L-1 category?
To qualify for an L-1 category, the employee must:
- Have been employed continuously by the foreign company for at least one year within the three years preceding the application.
- Be seeking to enter the U.S. to provide services in an executive or managerial capacity (L-1A) or in a position requiring specialized knowledge (L-1B).
3. Can Canadian citizens apply for the L-1 non-immigrant visa at the border?
Canadian citizens are eligible to apply under the L-1 non-immigrant category. One of the advantages for Canadian citizens is that they do not need a visa to enter the USA. Instead, they can apply directly at a U.S. port of entry. Border processing is available, making the application process more convenient and efficient.
U.S. Customs and Border Protection (CBP) designated ports of entry (POEs) for optimized processing of first-time Canadian applicants for admission in L-1 categories. Designating POEs for optimized processing ensures a more efficient approach to processing the high volume of L1 petitions.
There are fourteen total ports designated, including 4 preclearance locations. CBP encourages all individuals to go to one of the designated ports of entry where the applicants will receive optimized processing, however; they may continue to go to any port of entry along the Canadian border for processing.
4. What documents are required for the L-1 category petition?
The following documents are typically required:
- Proof of the qualifying relationship between the U.S. company and the foreign company.
- Evidence of the employee’s one-year employment with the foreign company.
- A detailed description of the employee’s job duties, both at the foreign company and the U.S. company.
- Form I-129, Petition for a Nonimmigrant Worker, and the L Classification Supplement to Form I-129.
5. How long can an employee stay in the U.S. on an L-1 category?
- L-1A visa holders (managers/executives) can stay for an initial period of up to 3 years, with extensions available in 2-year increments, up to a maximum of 7 years.
- L-1B visa holders (employees with specialized knowledge) can stay for an initial period of up to 3 years, with extensions available in 2-year increments, up to a maximum of 5 years.
6. Can L-1 visa holders apply for a Green Card?
L-1 visa holders may apply for a Green Card. The L-1A visa is particularly advantageous for those seeking permanent residency which often has shorter processing times and does not require labour certification.
7. Can family members accompany L-1 visa holders to the U.S.?
Yes, spouses and unmarried children under the age of 21 can accompany L-1 visa holders under the L-2 visa category.
8. How long does the L-1 petition process take?
Processing times can vary, but generally, the process can take several months. Premium processing (Form I-907) is available for an additional fee, which can expedite the processing time to 15 calendar days.
9. What happens if the L-1 visa holder changes employers?
The L-1 non-immigrant visa is specific to the employer who petitioned for the visa. If an L-1 visa changes employers, the new employer must file a new L-1 petition. However, the L-1 visa holder cannot start working for the new employer until the new petition is approved.
10. Can the L-1 visa holder travel outside the U.S.?
Yes, L-1 status holders can travel in and out of the U.S. freely, as long as they have a valid visa and are maintaining their L-1 status.
If you have more specific questions or need assistance with the L-1 petition process, please feel free to contact us. We are here to help you with all your immigration needs.