Canadians benefit uniquely from their visa-exempt status, allowing L1 visa applications and extensions to be processed directly at the border via U.S. Customs and Border Protection (CBP). This is particularly useful as you approach the end of your typical 5-year L1B or 7-year L1A visa duration. Here’s what you need to know to take advantage of this process.
L1 Visa Border Extensions Beyond the 5-Year and 7-Year Limits
- Intermittent Employment: If your stay in the U.S. has been non-continuous and your employment has been seasonal or less than six months aggregate per year, you may be eligible for an L1 visa extension at a qualifying land port or through pre-flight inspection facilities.
- Proof of Qualification: To extend your visa under these circumstances, you must provide detailed evidence of your work pattern. This includes arrival/departure records, tax returns, and employment records from outside the U.S. Ensure you accurately calculate and document the days you spent in the U.S. versus abroad—remember, all days in the U.S. count towards the limit.
- L1 New Office: If you are establishing a new office in the U.S. and hold a managerial, executive, or specialized knowledge position, you may initially receive a one-year L1 visa. For extensions, ensure you’ve spent less than 50% of your time in the U.S. to qualify for border processing.
- Impact on L2 Dependents: Note that the extension rules differ for dependents on an L2 visa. If they exceed 50% residency in the U.S., your eligibility for border processing is affected.
Advantages of Processing at the Border
- Speed: Processing at a port of entry is immediate, unlike the lengthy USCIS procedures.
- Cost-Effective: Avoid the substantial premium processing fees required by USCIS.
- Favorable Outcomes: Historically, CBP has taken a more lenient stance towards small businesses and less straightforward cases than USCIS.
- Backup Option: If CBP denies your extension, you can still apply through USCIS.
Conclusion
For Canadians, processing L1 visa extensions at the border is generally faster, cheaper, and more successful. Ensure you are well-prepared with all necessary documentation and understand the specific criteria for your situation. Being well-informed and prepared can significantly enhance your chances of a successful extension at the border.
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You may have questions regarding L1 Visa requirements. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
