For Canadian citizens, the process for filing an L-1 petition at a designated Port of Entry is generally more streamlined compared to other nationalities. This is due to the special provisions under the USMCA, which facilitate intracompany transfers for qualified professionals. It is important to ensure that all required documentation is complete and organized before approaching CBP to avoid unnecessary delays or deficiencies in your application.
Applying for an L-1 at the Port of Entry
Citizens of Canada may file L-1 petitions at the Port of Entry under the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). Customs and Border Protection (CBP) provide fourteen Ports of Entry (and preclearance locations) that are designated for optimized L-1 processing for first-time Canadian Applicants.
When you file an L-1 petition at a U.S. port of entry, such as a border crossing or airport, you are typically seeking admission as an intracompany transferee. The company employee seeking the L-1 petition (“Applicant”) presents the Form I-129 L-1 petition to Customs and Border Protection (CBP) office who will review your documentation, including the L-1 petition and supporting evidence, to determine your eligibility.
There are normally three potential outcomes:
Approval: If approved, you will be granted L-1 status and allowed to enter the United States to work for your employer. The petition is forwarded to USCIS and, usually within 2 months, a Form I-797 Approval Notice is sent to the petitioning employer. Filing fees are paid directly to CBP at the port of entry.
Upon entry, check your Form I-94 to make sure your L-1 status is updated on the form, and your admission period is noted correctly. You can check the status of your I-94 at https://i94.cbp.dhs.gov/
Deficiencies: If the Applicant is missing information or the supporting documentation is deficient, the CBP officer will return the packet to the Applicant to obtain the necessary documentation from the petitioning employer or for the deficiency to be overcome. The fee is remitted when the deficiency is overcome.
Denial: If the officer finds any issues or missing information, your application may be denied, or you may be asked to provide additional details before a decision is made. If the case is clearly deniable, the Applicant is notified of the denial, the reason for the denial, and the right to appeal. Often, denial notices cannot be provided at the port of entry and the petition is forwarded to USCIS for final action. USCIS final action may include a denial notice, request for evidence or notice of intent to deny. All rights to appeal are retained.
It should be noted that CBP sends petitions to USCIS in batches which can cause long delays in processing approval and denial notices.
What about spouses and dependent minor children accompanying you or following to join you?
Canadian citizen spouses and unmarried minor children (under 21yo) of L-1 applicants can appear either with you or after you’ve entered the U.S. on your L-1 by presenting proof of your L-1 status (approval notice, I-94, employment letter) and the marriage certificate for the spouse or birth certificates for the children. Your spouse will be admitted in L-2S status and the children as L-2 dependents. Your spouse admitted in L-2S may obtain a social security number and may work without separate work authorization.
Non-Canadian citizen spouses and unmarried minor children will generally require an L2 visa stamping from the U.S. Consulate
The Real World
CBP ports of entry process thousands of L-1 applications each month. After adjudicating an application, the petition copies are prepared for shipment to the relevant US Citizenship and Immigration Service (USCIS) Service Center for issuance of the approval notice or denial notice in batches. The administrative load means that petitions can be delayed for weeks or months before the petitions are forwarded to USCIS. In a recent case, a U.S. L-1A executive applied for an L-1A renewal, paid the full filing fees, and was deficient in updated documentation for his Canadian company. Instead of allowing the executive to cure the deficiency as required by regulation, CBP referred the case to USCIS for denial or notice of intent to deny. A full seven weeks later, and multiple inquiries to USCIS and CBP, it was discovered that the petition was never forwarded to USCIS. Meanwhile, the executive cannot work in the United States unless he files a new petition.
