Filing Subsequent L-1 Petitions for Canadian Applicants at Ports of Entry

Filing Subsequent L-1 Petitions for Canadian Applicants at Ports of Entry

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The AILA CBP Liaison Committee has received multiple reports from AILA members that certain ports of entry (POE) along the Canadian border are refusing to process subsequent L-1 applications presented by Canadians pursuant to the North American Free Trade Agreement (NAFTA). While AILA has received sporadic reports of this issue throughout several POEs, the reports received thus far are predominantly centered on Calgary. The POEs that are refusing to process these applications are relying upon 8 CFR §214.2(l)(15)(i), which states that petition extensions should be made by filing an I-129 petition with USCIS. However, when a Canadian applies for an L-1 petition at a POE, it means that they have already departed the United States and therefore are not seeking an “extension.” As such, there does not appear to be a legal basis for the refusal to process subsequent L-1 petitions for Canadians.

The CBP Liaison Committee is aware of this issue and is exploring options for resolution.

Source: AILA Doc. No. 19030730.