Canadian L-1 Extension Petitions Denied at Ports of Entry

Litwin & Smith has received reports that Canadian ports of entry are refusing to process subsequent L-1 applications presented by Canadians pursuant to NAFTA without a USCIS I-797 L-1 Extension Approval.

The North American Free Trade Agreement (NAFTA) permits Canadians to present themselves at ports of entry (POE) for admission in L-1 status without an I-797 Approval in advance. While there are sporadic reports of this issue throughout several POEs, the reports received thus far are predominantly centered on Calgary. The POEs that are refusing to process these applications are relying upon 8 CFR §214.2(l)(15)(i), which states that petition extensions should be made by filing an I-129 petition with USCIS.

Canadian L-1 applicants may be well advised to obtain a L-1 petition extension before departing the US for a POE admission in L-1 status.

L-1 Visa Information

We have an impeccable record of success with L-1B specialized knowledge transfers, L-1A investor, director, executive, and manager transfers and subsequent EB1.C or PERM green card filings. While many law firms flounder with the requirements. We have success because we anticipate USCIS changing application of the rules and have a process that works.

The L-1 nonimmigrant classification enables a U.S. employer to transfer a professional employee who is an executive /manager / specialized knowledge employee who was employed abroad for at least one year from one of its affiliated foreign offices to one of its offices in the United States. (This classification also enables a foreign company which does not yet have an affiliated U.S. office to send the executive, manager, or specialized knowledge employee to the United States to help establish one). Visit our L Working Visas page for more information.

To find out more contact us at 650 588 7100 or email [email protected]