Why It May Get Harder For Some Canadians To Work In The U.S.

A policy memorandum sent to U.S. Citizenship and Immigration Services (USCIS) employees on Nov. 15, 2018, could make it harder for some Canadians to get L-1 visas allowing them to work in the United States as intra-company transferees.

The L-1 status allows executives, managers and specialized knowledge employees from foreign countries to work in the U.S. for up to three years. To qualify, the individual seeking entry to the U.S.—the  beneficiary—must have worked abroad in a similar capacity for a related company for a period of one continuous year out of the three years preceding the filing of the L-1 petition.she

The policy memorandum clarifies how USCIS officers should determine whether this requirement has been met when applicants who have been living in the U.S. under a different non-immigrant status are applying to have their status changed to L-1. This should be of particular concern to Canadian businesses with operations in the U.S., as it could make it