Do I qualify for L1 VISA?

I am currently working in a job in Canada for an international company. I am getting married in August and my Fiance lives in the US. We were planning on living in Canada but she got a great a big p...

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Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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DumbCanuck
Junior Member

Joined: 01 Jun 2008
Posts: 12
Location: Montreal

Posted: Thu Jun 05, 2008 7:08 am

Reba,

The information about the L-1 on the AMCITS website says that a DS-156 needs to be filled out. This form is a "Non Immigrant Visa Application Form". It asks if I have a Fiance and if she is a citizen of the US.

How can the L-1 be dual intent if you have to file a DS-156?
This form seems to be required? Is it?

If it is required how would they ever let me across if I have a Fiance in the US?
I am going to talk to a lwayer about this because it seems a little risky to just show up at the border but if you have any more info I can use it at the consultation.

Thanks

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Thu Jun 05, 2008 1:40 pm

L-1 is a non-immigrant category. But it's also dual-intent, but you don't enter in an immigrant category, so the form is accurate.

L-1 for Canadian citizens does not require a visa, the petition is filed at the POE. http://www.amcits.com/business_canadians_usa.asp
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Steve.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1486
Location: North Carolina

Posted: Thu Jun 05, 2008 4:32 pm

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.
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DumbCanuck
Junior Member

Joined: 01 Jun 2008
Posts: 12
Location: Montreal

Posted: Fri Jun 06, 2008 3:43 am

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

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Fri Jun 06, 2008 9:45 am

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
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Steve.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 1486
Location: North Carolina

Posted: Sat Jun 07, 2008 4:42 am

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.
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gescores
Junior Member

Joined: 24 May 2008
Posts: 25
Location: Virginia

Posted: Mon Jun 09, 2008 5:59 pm

He was probably mistaken with EB-1

cimit
New Member

Joined: 27 Mar 2008
Posts: 9
Location: Exton, PA

Posted: Tue Jun 10, 2008 7:19 am

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.