Applying for L1 and L2 at the Port of Entry like the TN

Hello there!

I was wondering if anyone has had experience applying for L1 and L2 visas together at the border/port-of-entry. I heard that the process is similar to a TN visa except it takes longer because the petition package is much bigger. My husband and I intend to fly from Canada to the US and apply for the visas at US customs in the airport.

My husband's company has hired lawyers to prepare his L-1B Visa petition for him (a very thick petition indeed!). Included is Form I-129 with L Supplement, $320 for Form I-129, and $500 for Fraud Prevention. It all looks to be in good order, but they have not included anything for my L-2 visa! No forms, no money, nothing!

I have only been instructed to go with my husband when he applies for his L-1B and bring our marriage certificate. They said there is no form to pre-fill and no fee to pay since I don't require a formal petition.

Is this correct? My internet searches only find info on applying for L1 and L2 visas at the US Embassy before leaving Canada. It seems to be a more complicated process that way -- with them mailing your visa to you instead of granting it instantaneously at the border like the TN. It sounds like the L1 needs to be approved first, then for L2 I would need to fill out form DS156, pay a visa filing fee, and bring my marriage certificate and two 2x2 photos, etc.

Sounds like applying for L1 and L2 together at the port of entry is much easier! But I just wanted to confirm with someone who has done it before!

If you have any insights for me, I'd appreciate any info you can share!

Thanks,
Sharon

Seems that his firm has everything for his L1. For your L2, all thta is needed is his L1 approved, and proof of your marriage. If you are Cdn, you don't go to consulate for any visa. You get this at border, either at same time or after. No DS forms or anything.

Once you get L2, you will be able to get EAD (I-765) by mail (2 months or so) for you to work, too.

CBP has been known to deny L1A's and L1B's but often this is poor planning and organization surrounding the submission of the petition at the border on behalf of the beneficiary.

You had legal assistance, which is a good idea for an L1, as often the application requires much detailed documentation unsuited for just a rookie going it alone. Your situation sounds like you have a solid application and therefore should be just a routine application for L1 Status.

Some Pre-Flight Inspections have been known to be a little tougher on applications depending on the port of entry. Toronto PFI in particular has been known to be strict in the past but if your paperwork is altogether, it should turn out to be painless.

Thanks for the responses! I have a follow-on question to ask...

Instead of applying for the L1/L2 at the airport on our way to the US could we just drive to the border in advance and apply there? We are in Vancouver so it's an easy 45 min drive to the Peace Arch... It would be nice to secure our visas before we actually move there (and begin my EAD application process sooner).

I know that flag-polling to the border is a big no-no for the TN visa as you must apply for the TN visa while legitimately on your way to work in the US. Does the same rule apply for L1 visas? Why does this rule exist anyway? It seems silly to me...

Thanks for any info you have,
Sharon

Going to a border POE would probably be a good idea, given that if the PFI review of L1 takes too much time, you could miss your flight.

Don't think of this as getting L1/L2. The important thing is L1. Your L2 is a slamdunk afterthought. Focus on the L1. You don't even need to go with him when he gets his L1, you will get L2 automatically when you cross into US anytime after he gets L1.

As to your comment about TN "flagpoling" this is not accurate. many POE officers prefer not to give out a TN too early, but going down to POE a week or two before starting is not wrong in any way, its just that some POEs don't like to do it. I don't think your husband will face any issues going to POE a little early, since he is presenting an I-129 allows for pre-filing anyways, which is unlike border TN which is done without I-129.

Don't file your I-765 until you know your US address.

Be forewarned regarding the land border crossings leading from Canada into Washington State. This would include Blaine Truck crossing and Peace Arch crossing. There have been many bad reports there about applicants being denied despite having a solid application. This would be clearly applicable to both TN-1 and L-1 petitions. Some beneficiaries have had their status revoked as well.

You would be much wiser crossing and applying at Vancouver Pre-Flight Inspection.

If using the PFI, get there at least 5 hours early.

Update from me:

We decided to try at the border (for our own peace of minds) and luckily we were successful! We went to the Peach Arch crossing, the Friday before the Memorial Day long weekend, and it only took 1 hour to process our L1/L2!

The border officer said he was not used to approving these applications as more than 50% of them are declined (due to fraud or insufficient information). Our lawyers did a good job preparing the application!

The only thing that didn't go smooth were the checks the lawyers provided for the application and fraud fees. They were rejected because they didn't have the phone number and the US Tax ID pre-printed on them. So we had to pay the fees with our own credit cards.

Thanks for all the advice!
Sharon