Last Updated on October 16, 2023 by Anda Malescu
The article discusses the particularities of L-1 visa for Canadians. While the L-1 nonimmigrant visa program was not created specifically for Canadian citizens, and is available to citizens of most countries, the L-1 visa is especially popular with Canadians who are looking to do business in the US. That is so because Canadians enjoy certain privileges in terms of faster processing and less complicated application process when it comes to certain visas, including L-1 visa and TN visas.
Before we dive into the details of L-1 visa for Canadians, we need to answer some important questions about the L-1 visa in general.
What is an L-1 visa?
The L-1 Visa allows a multinational company to transfer an executive, manager or a specialized knowledge employee from one of the company’s affiliated offices abroad to one of its offices in the United States.
The multinational company can be headquartered in the United States and have a subsidiary, branch or affiliate outside the US. Alternatively, the multinational company can be headquartered outside the United States, for example in Canada, and have a US branch, subsidiary or affiliate.
For the multinational companies that do not yet have operations in the United States, the L1 visa allows the foreign company to send an executive, manager or a specialized knowledge employee to the United States for the purpose of setting up a new US office, branch or subsidiary. Multinational companies often send their owners or senior executives to open the new office in the United States.
There are two types of L-1 Visas: L-1A is for an executive or a manager and L-1B is for a specialized knowledge employee. To learn more, visit our L-1 visa page.
Who is eligible for L-1 visa for Canadians?
Executives, managers or specialized knowledge employees who were employed full-time with the petitioning multinational company for at least one continuous year within the 3 years preceding their application for transfer to the United States are eligible for L-1 visa.
Time spent in the United States is excluded from the calculation of the 1-year full-time employment, even if the applicant was officially employed and receiving pay from the petitioning company while in the United States.
What are the requirements to apply for L-1 visa for Canadians?
Aside from having worked as an executive, manager or specialized knowledge employee for one full and continuous year in the three years preceding their application for an L-1 visa, Canadian citizens must meet the following requirements to apply for L-1 visa for Canadians:
- Hold a manager, executive or specialized knowledge employee position in the US.
- Foreign employer and US branch, parent, affiliate or subsidiary must have a qualifying corporate relationship
The job duties of an executive coming to the United States on an L-1A visa have to be primarily focused on high level decision making and planning, while those for managers have to be focused on managing a team of employees or a certain function or department of the business.
In the context of an L-1B visa, specialized knowledge is either: (a) special knowledge of the petitioning L-1 company’s product, service research, equipment, techniques, management, or other interests and its application in international markets or (b) an advanced level of knowledge or expertise in the company’s processes or procedures.
How much money do I need for L-1 visa for Canadians?
Unlike investor visas like the E-2 visa, the L-1 visa does not have a requirement that either the applicant or another treaty investor from the same country as the applicant make a substantial investment in a US business.
However, a company that petitions for an L-1 visa for a Canadian citizen must be able to pay a salary to the applicant in the United States. In the case of an L-1 visa to open a new office in the United States, the multinational company has to spend money to rent an office or other commercial property that is properly zoned for business purpose.
Additionally, the company has to maintain business operations in at least one other country aside from the United States and have business activity in the United States that justifies the position of the L-1 applicant. In the case of an L-1 visa for a new office, the company must have the business activity that justifies the position of the L-1 visa applicant within one year after the visa was issued.
In practice, that means a company that wishes to send a Canadian executive, manager or specialized knowledge employee on an L-1 visa to the United States will have to make at least some investment in order to fund the start of operations in the US.
How to get an L-1 visa for Canadians?
The United States-Mexico-Canada Agreement (USMCA), which replaced the North America Free Trade Agreement (NAFTA) on July 1, 2020, provides for a simplified and expedited admission for Canadian citizens in the United States under L-1 status.
Here it is important to note that since Canadians are for the most part visa exempt, they do not need to obtain an actual visa stamp in their passports from a US consular post prior to entering the United States.
Instead, Canadian citizens can receive the L-1 visa at the border which is reflected in their I-94 record. The I-94 record and travel history to the United States can be accessed electronically, using the passport number and other personal information, at the official I-94 website administered by the US Department of Homeland Security.
How to apply for L-1 visa from Canada?
In the case of L-1 visa, Canadian citizens can present the L-1 petition to a U.S. Customs and Border Protection (CBP) officer, in conjunction with their application and supporting documentation, directly at a port of entry on the United States-Canada border or at designated preclearance airports/stations. Canadians can start employment immediately upon arriving in the United States in L-1 status.
Currently, there are nine preclearance locations at airports in Canada, including Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver, Victoria, and Winnipeg.
The L-1 visa application process for Canadian citizens starts with a CBP officer conducting a review of the petition and then conducting an interview with the applicant to verify the content of the L-1 visa application.
If the L-1 petition is approved, the CBP officer will place an I-94 admission stamp (at the airport) or staple a paper I-94 form (at a land port of entry) inside the applicant’s passport. The I-94 will indicate the period of authorized stay in the United States.
The CBP officer will also send a copy of the L-1 petition to the US Citizenship & Immigration Services (USCIS) which will then generates a receipt followed by an approval notice within a few weeks following the interview.
It is recommended that Canadians seeking an L-1 visa at CBP at a major international airport in Canada show up to apply at least three hours prior to boarding a flight to the US.
How long is a Canadian on an L-1 visa allowed to stay in the United States?
The validity of L-1 status for Canadians depends on whether they entered to establish a new office or entered as an executive, manager or specialized knowledge employee of an already established business.
The initial period of stay for a Canadian on L-1 status can be up to 3 years, provided the US sponsoring company has been actively doing business for 1 year or more. For new-office situations, CBP will approve the L-1 status for Canadians for 1 year. Extensions of L-1 visa can be granted in 2-year increments if the L-1 applicant continues to meet the requirements for L-1 visa.
Some Canadians who enter the US in L-1 status divide work between Canada and the United States, and as a result do not establish residency in the United States by staying six months or more. Canadian citizens on an L-1 visa who do not establish residency in the US can renew their L-1 status indefinitely.
Can L1 visa holder travel to Canada?
The answer is yes, an L-1 visa holder can travel to Canada and return to the United States during the validity of their visa. However, you must comply with Canadian law regarding entry as a visitor, unless you are a Canadian citizen or permanent resident.
How can a Canadian renew an L-1 visa?
Canadians who wish to stay in the US in L-1 status after the expiration of their initial period of authorized stay have to file a petition, along with supporting documents, with USCIS and cannot apply for a renewal at the US border or at CBP preclearance at a Canadian airport. The only exception is for Canadians who do not reside continuously in the United States while on L-1 visa.
Can a Canadian on an L-1 visa apply for a green card?
Yes, Canadians in L-1 status can apply for a green card (US permanent residence) while in the United States. Since the L-1 visa is dual intent, a green card application will not interfere with their L-1 visa or their ability to travel in and out of the US.
However, Canadians who wish to apply for a US permanent residency after obtaining an L-1 should contact a competent business immigration attorney in order to make sure the L-1 business is set up correctly from the start.
Malescu Law can assist with L-1 visa for Canadians
If you are a Canadian citizen seeking to apply for an L-1 visa or you would like to know more about how to get a green card with an L-1 visa, you can contact us or book a consultation with our experienced L1 visa immigration lawyers in Miami, Florida USA to get the process started.
Malescu Law P.A. – Business & Immigration Lawyers
