L1B but do not want to move to USA...

Hello, looking for some advice here.
I work for a company based here in Canada with a head office in USA.
I travel as an IT Consultant to the USA around 25 times a year and visit our customer sites frequently.
Basically I see no issues with me getting a L-1B visa as my work is specialized.

One issue I have with the L-1B is the requirement to reside in the USA. I am settled with my family in Canada and do not want to move to the USA. Do you necessarily have to move to the USA?

Unfortunatley options such as TN-1 do not apply to me as my specific occupation is not listed under the catagories.

Any help would be appreciated. Thanks !


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No, there is no requirement to live in the US. I had an L1B years ago, and I lived in Canada and commuted to the US whenever they needed me.

You're looking at the wrong category, if you carry on living in Canada what you're after is "L-1 intermittent". Also it's not the work that has to be specialized it's the knowledge. I.e. you have knowledge that is "specialized" to that company, for example if they have a bespoke accounts system that only people at that company have knowledge of.

L-1 intermittent allows you to enter the US up to 183 days a year, you must show evidence of non-immigrant intent in addition to the usual L-1 requirements (proof of connection, proof of specialized knowledge, I-797, etc.)

The major huge advantage of L-1 intermittent is that it can be renewed indefinitely, unlike L-1B.

Beware of the new tax treaty provisions that require taxes to be paid proportionately in both countries based on how much work you do in each country. As your employer has an establishment in the US you will almost certainly be hit with that one. You'll end up paying Canadian tax rates at the end of the day because you live in Canada, so you will claim a foreign tax credit for any tax paid in the US.

Makes payroll a bitch though.