USCIS and CBP to Implement Form I-129 Pilot Program for Canadian L-1 Nonimmigrants

From April 30, 2018, to Oct. 31, 2018, the USCIS California Service Center (CSC) and the U.S. Customs and Border Protection (CBP) Blaine, Washington, port of entry (POE) will implement a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA). This pilot is designed to facilitate the adjudication and admission process of Canadians traveling to the U.S. as L-1 nonimmigrants.

DHS regulations permit an employer to file an L petition on behalf of a Canadian citizen in conjunction with the Canadian citizen’s application for admission to the United States. Petitioners choosing to participate in the joint agency pilot program will be asked to:

Submit Form I-129, Petition for a Nonimmigrant Worker, and supporting evidence to the CSC before the Canadian citizen seeks nonimmigrant L-1 admission to the United States through the Blaine POE; and
Use a cover sheet annotated with “Canadian L” to ensure quick identification of the Form I-129 and for any correspondence thereafter, such as a response to a request for evidence (RFE).
A petitioner who chooses not to participate in the Pilot Program may continue to file its L-1 petition on behalf of a Canadian citizen with CBP at the Blaine POE. In such a case, CBP will accept the petition but will adjudicate it at the next Class A POE.

About the Pilot Program

For those who choose to participate in the pilot program, USCIS will receive fees, issue a Form I-797C receipt notice, and adjudicate the Form I-129. If USCIS needs additional evidence, USCIS will send a request for evidence (RFE) to the petitioner.

CBP will continue to make the final determination on whether a Canadian L-1 applicant is admissible to the United States. Applicants participating in the pilot and seeking an immediate determination of admissibility must bring a copy of the petition approval notice for the Form I-129 when seeking admission to the United States at the Blaine POE.

If the petitioner chooses to send the applicant to the Blaine POE before USCIS makes a decision on the Form I-129, there may be delays while USCIS remotely adjudicates the form. In such a case, the applicant must bring a copy of the petition receipt notice for the Form I-129 and await adjudication of the Form I-129.

By USCIS.gov
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