Do I qualify for L1 VISA?

I had an L1 visa a few years ago. I went to the Toronto airport on my way to my job in the US and handed over the paperwork, they took me in to secondary and completed the papers, stamped my passport and sent me on my merry way.

It really is relatively painless, unless you forget some of the required back-up paperwork, then they'll send you home and tell you not to come back til you have it. So make sure you have it all.

Reba,

Thank you so much for all the information.

Don't get mad but I have another question. I am not in a managerial position and would have to apply for an L-1B. I called a Border Patrol and asked about the steps to get the L-1B and they tolde me that "no other person in the US is capable performing the job"

So I asked "Ifd there is someone in the US that can perform the Job but is already employed and does not want to work for this company than I am ineligible"

He repsponded " Yes, you have to be the only Human Being on earth capable of performing the task related to the job to allow us to permit you under a person of Specialized Knowledge"

Is the Free Trade Officer just overstating to deter me or am I freaking out over nothing.

Sorry for needing reassurance but this whole cross border working/relationship thing is frustration and nerve wracking.

Thanks

They're wrong (or exaggerating), L-1B is simply intracompany transfer, there is no need for labour certification that they can't find anyone else. There has to be a reason for the transfer, i.e. the company needs you to work for them in the US, but that's just a letter saying that, and that you fulfill the skills necessary for that category.

These are the regs: http://www.uscis.gov/propub/DocView/afmid/1/123/125

Yeah, I'd say its a bit of an exageration. Usually the L1B is used as intra-company transfer if an employee either doesn't have a university degree that matches their job description, and/or they've been working for a company for so long, their "specialised knowledge" is invaluable, and hiring someone off the street just wouldn't cut it.

He was probably mistaken with EB-1

I got the same speech from the customs person when I first applied with my L1-B. What specialized knowledge do you have? No one else in the US can do this job?Are you managing people?

They allowed me in in order to obtain more information regarding my specialized knowledge. Then I had the company apply on my behalf instead. They got me the approved paperwork, and then my next visit through Toronto airport was with that paperwork. So I got the I-94 card and passport stamped and have been in ever since.

I think they are trying to make it difficult at certain ports to get across, Just my opinion though.

This is the relevant part of the regs:

(e) Alien’s Qualifications . Detailed descriptions of the alien's prior year of employment abroad and of the intended employment in the United States are required from the petitioner to determine if the alien was and will be employed in a managerial, executive, or specialized knowledge capacity.



To document the alien's employment abroad and the alien's intended employment in the United States, a letter signed by an authorized official of the petitioner describing the prospective employee's employment abroad for the requisite one year and the intended employment in the United States, including the dates of employment, job titles, specific job duties, number and types of employees supervised, qualifications for the job, level of authority, salary, and dates of time spent in the United States during the qualifying period. In cases where the accuracy of the statement is in question, the director may require other evidence, such as wage and earning statements or an employment letter from an authorized official of the employing company abroad.

Everybody,

Thanks for all the info. I am still debating (and talking to my boss) about how I should proceed (I am tossed up between the L-1B and just applying for a TN).

Both seem to have good sides and bad sides.

1 thing I did notice with the L-1 is the need to file the I-129. Under the L-1B section Question F is as follows:

"Will the beneficiary be stationed primarily offsite (at the worksite of an employer other than the petitioner or its affiliate, subsidiary, or parent)?"

No, I would not. I would be working remotely. Just about everything is done over the internet.

followed by the need to explain how my work would be supervised.

Technically I would be supervised by a Canadian Manager, but I also work with a head of product development who works out of the US.

followed by the need to explain why it would be beneficial to the company to have me working remotely

There is no benefit to the company. Just a benefit to me personally

Would this cause a problem?

Thabks so much for the advice.