CBP Is Not Currently Accepting Subsequent L-1 Petitions for Canadian Applicants at Ports of Entry

CBP headquarters has issued a directive to the field to cease adjudicating L-1 “extensions or renewals.” It is CBP’s belief that L-1 “extensions/renewals” are not to be adjudicated at CBP ports of entry and preclearance sites for those seeking admission via an individual or Blanket L petition. Pursuant to this policy, a petition to renew or extend L-1 status will need to be filed with USCIS, whether or not the petition extension includes a request for extension of stay.

CBP has indicated that this policy does not apply to intermittent/commuter L-1s. These petitions are filed for individuals that reside in Canada and commute to the United States to work in L-1 status for less than 50% of their work and thus are not subject to the normal time limitations in L status under 8 CFR §214.2(l)(12)(ii). CBP indicated that the difference for commuter/intermittent L-1’s which they consider neither initial cases or extensions would be reinforced to the field as they hold training on this new policy.

In light of this policy, the U.S. consular posts in Canada are reviewing their policy for reviewing L-1 Blanket petitions for Canadian citizens seeking admission.