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Vancouver L-1A Visa Lawyers

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Published: December 1, 2020 | Last Reviewed: August 25, 2026

Vancouver L-1A Visa Lawyers For Intra-Company Transfers

Unlike treaty-restricted categories such as TN status for USMCA professionals and E-1 and E-2 visas, L-1 classification is not limited to nationals of treaty countries.

L-1A classification allows qualifying multinational businesses to transfer executives and managers from an affiliated foreign operation to the United States. It can also allow a qualifying foreign company to send an executive or manager to establish a new U.S. office.

At Border Solutions Law Group, we have helped clients in Vancouver through thousands of visa applications. When screening clients for visas, our Vancouver U.S. immigration lawyers frequently come across applicants who fall into two opposing categories: those who mistakenly assume they qualify for an L-1A and others who do not realize they may be strong candidates.

In both cases, careful prescreening can save significant time and expense. To find out more about your eligibility and entry requirements, schedule a consultation with our Vancouver L-1A visa lawyers today.

Key Takeaways About L-1A Visas For Canadians And Multinational Companies

  • L-1A classification allows qualifying multinational companies to transfer executives and managers to related U.S. operations.
  • The U.S. and foreign businesses must have a qualifying relationship, such as a parent, branch, subsidiary or affiliate relationship.
  • The employee generally must have worked for a qualifying foreign organization for at least one continuous year within the relevant three-year period.
  • The U.S. role must be primarily managerial or executive.
  • A manager does not necessarily have to supervise employees. USCIS recognizes certain functional managers who manage an essential business function at a senior level.
  • A foreign company can potentially use L-1A classification to establish a new office in the United States.
  • A new office cannot be merely a paper entity. The employer must establish qualifying premises and demonstrate that the U.S. operation will support a managerial or executive position within one year.
  • Established-company L-1A approvals may permit an initial stay of up to three years, while qualifying new-office cases generally receive an initial period of up to one year.
  • The maximum period in L-1A managerial or executive status is generally seven years, subject to applicable rules and exceptions.
  • Certain multinational managers and executives may later qualify for employment-based permanent residence under the EB-1C category, but L-1A approval does not itself guarantee a green card.

What Is An L-1A Visa?

The L-1A classification is a U.S. nonimmigrant category for qualifying intracompany transferees who will work in an executive or managerial capacity.

According to U.S. Citizenship and Immigration Services, a U.S. employer may transfer an executive or manager from one of its affiliated foreign operations to an office in the United States.

It can also be used where a qualifying foreign business does not yet have an operating U.S. office and wants to send an executive or manager to establish one.

This can make the L-1A particularly valuable for Canadian companies expanding into the U.S. market.

Who Qualifies For An L-1A Intracompany Transfer?

L-1A eligibility depends on both the multinational business structure and the employee’s qualifications.

Generally, the case must establish:

  • A qualifying relationship between the U.S. petitioner and a foreign organization
  • Continuing qualifying business activity in the United States and at least one other country
  • Qualifying employment abroad
  • A managerial or executive U.S. role
  • A genuine employer-employee relationship and business operation

The details matter in these applications. It is not enough for two companies to have similar names or common business interests. The required corporate relationship must satisfy U.S. immigration law.

What Is A Qualifying Corporate Relationship For L-1A Purposes?

One of the biggest mistakes L-1A applicants make is assuming that any relationship between two companies is enough.

USCIS generally recognizes qualifying relationships involving:

Parent Companies

A parent company may qualify in relation to a subsidiary where the ownership and control requirements are satisfied.

Subsidiaries

A subsidiary relationship may qualify where the necessary ownership and control exist.

Branch Offices

A branch can potentially qualify where it is an operating division or office of the same organization.

Affiliates

Certain companies under common ownership and control may qualify as affiliates.

Corporate charts, shareholder records, incorporation documents, financial records and operating evidence are frequently important in establishing the relationship.

Our Vancouver L-1A visa lawyers can review the structure before filing to determine whether the U.S. and foreign entities appear to satisfy the L-1 requirements.

Do Shell Companies Qualify For An L-1A Visa?

A company that exists only on paper is not enough.

USCIS defines doing business as the regular, systematic and continuous provision of goods or services. The mere presence of an agent or office does not by itself establish that a qualifying organization is doing business.

However, an important distinction applies to new-office L-1A petitions.

A foreign company does not necessarily need an already established U.S. operation before filing. U.S. immigration law specifically allows qualifying foreign employers to send an executive or manager to the United States for the purpose of establishing a new office.

The new-office requirements are therefore different from the requirements for an established U.S. business. To ascertain exact eligibility, it is advised that you speak with an experienced L-1 intracompany transfer visa lawyer.

Can An L-1A Visa Be Used To Open A New U.S. Office?

In some cases, yes. For foreign employers seeking to establish a new U.S. office, USCIS requires evidence including:

  • Sufficient physical premises to house the new office
  • Qualifying employment of the beneficiary abroad
  • A corporate relationship between the U.S. and foreign entities
  • Evidence that the intended U.S. office will support an executive or managerial position within one year

This is an important route for Canadian companies expanding south of the border.

A new company does not have to begin with a large U.S. workforce. However, the petition should present a credible operating plan demonstrating how the business will develop sufficiently to support the beneficiary in a primarily executive or managerial role.

Evidence can include:

  • A detailed business plan
  • U.S. lease or premises documents
  • Organizational charts
  • Hiring plans
  • Capitalization evidence
  • Contracts
  • Financial projections
  • Corporate formation records
  • Evidence concerning the established Canadian or foreign operation

How Long Must The Employee Have Worked Outside The United States?

For L-1A eligibility, the employee generally must have worked abroad for a qualifying organization for one continuous year within the applicable three-year period.

The qualifying foreign employment must also have been in an appropriate capacity.

  • For An Established-Office L-1A Case: USCIS rules permit qualifying prior employment in a managerial, executive or specialized-knowledge capacity, subject to the applicable requirements for the petition.
  • For a New-Office L-1A Petition: The employee’s qualifying year abroad must have been in an executive or managerial capacity.

Because travel and previous U.S. employment can complicate the calculation, the employee’s immigration and employment history should be reviewed carefully before filing.

What Is An L-1A Manager?

One of the most commonly misunderstood L-1A requirements is the definition of a manager.

Many businesses assume that a manager must supervise a large team. That is not always the case. USCIS recognizes both personnel managers and certain function managers.

Personnel Managers

A personnel manager may qualify by supervising and controlling the work of professional employees or by managing an organization, department, subdivision or component at the appropriate level.

The government will normally look beyond the employee’s title to determine what the person actually does.

Function Managers

A person can potentially qualify without directly supervising employees where they manage an essential function of the organization at a high level.

This can be particularly important in sophisticated companies where a senior manager oversees a critical business function rather than a large staff.

The petition should clearly identify the function, explain why it is essential and show how the beneficiary manages it rather than personally performing the day-to-day operational work.

What Is An L-1A Executive?

Executive capacity generally involves a high level of authority within the organization.

An executive will typically:

  • Direct the management of the organization or a major component or function
  • Establish goals and policies
  • Exercise broad discretionary decision-making authority
  • Receive only general supervision from higher-level executives, a board of directors or owners

Again, the title of “President,” “CEO” or “Director” does not automatically establish executive capacity.

USCIS examines the employee’s actual duties, the organization underneath the employee and the extent to which the beneficiary is freed from routine operational work.

Why Do L-1A Petitions Get Denied?

L-1A petitions can encounter problems for many reasons.

Common issues include:

    • Weak Evidence Of The Corporate Relationship: The ownership and control between the U.S. and foreign entities must be documented.
  • Insufficient Evidence Of Doing Business: An established entity should be able to show real, ongoing business operations rather than merely legal registration.
  • An Employee Who Primarily Performs Operational Work: A senior title is not enough if the person’s daily duties are primarily sales, production, client service, technical work or other non-managerial functions.
  • An Organizational Structure That Does Not Support The Claimed Role: USCIS often considers staffing, hierarchy and the allocation of operational duties when assessing whether a position is truly managerial or executive.
  • Inadequate New-Office Planning: New-office cases need evidence showing how the operation will develop and support a qualifying role within the first year.
  • Poorly Documented Foreign Employment: The petition must establish the employee’s qualifying work abroad, not merely that the employee worked somewhere within the corporate group.

At Border Solutions Law Group, the role of our Vancouver L-1A visa lawyers is to identify these issues before filing wherever possible.

How Does The L-1A Application Process Work?

In a typical individual L-1A case, the U.S. employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS and submits evidence supporting the corporate relationship, business operations and the beneficiary’s qualifications.

The evidence may include:

  • Corporate registration documents
  • Ownership records
  • Organizational charts
  • Financial statements
  • Payroll records
  • Tax documents
  • Contracts and invoices
  • Employee records
  • Detailed descriptions of the foreign and U.S. roles
  • Proof of qualifying employment abroad

After approval, the next procedural step depends on the applicant’s nationality, location and individual circumstances.

Canadian citizens are generally exempt from the ordinary nonimmigrant visa requirement for many U.S. classifications, but they still must establish eligibility for the requested L-1 classification when seeking admission. Current entry procedures should be reviewed before travel.

What Is A Blanket L Petition?

Larger multinational organizations may qualify for a blanket L petition.

A blanket approval does not automatically establish that every employee qualifies for L-1 status. Instead, it can allow a qualifying corporate group to streamline certain intracompany transfers.

USCIS imposes separate requirements on companies seeking blanket L approval, including requirements concerning commercial operations, the U.S. office and the qualifying corporate group.

For companies that transfer employees frequently, our corporate U.S. immigration lawyers can assess whether individual or blanket L procedures may be appropriate.

How Long Can Someone Stay in the U.S. On L-1A Status?

For an established U.S. office, a qualifying L-1A beneficiary can generally receive an initial period of stay of up to three years.

For a person entering to establish a new office, the initial L-1A period is generally limited to one year.

Extensions may generally be granted in increments of up to two years, subject to continuing eligibility.

Under current USCIS L-1 period-of-stay rules, the maximum period in managerial or executive L-1A status is generally seven years, although certain rules and exceptions can affect how time is calculated.

Can the Spouse of an L-1A Holder Work In The United States?

A qualifying spouse and unmarried children under 21 may accompany or follow the L-1 principal in L-2 classification.

Under current USCIS rules, spouses properly admitted in L-2S status are employment authorized incident to status.

Dependent children do not receive the same unrestricted employment authorization simply because they hold L-2 status.

Family considerations can therefore be an important part of choosing between an L-1A and another U.S. work category.

Can An L-1A Lead To A Green Card?

Potentially, but L-1A status itself does not automatically become permanent residence.

Certain multinational executives and managers may later qualify under the employment-based first preference EB-1C multinational manager or executive immigrant category.

USCIS EB-1 guidance requires the U.S. petitioner and beneficiary to satisfy separate immigrant visa requirements. For example, the U.S. petitioner generally must have been doing business for at least one year.

This is one reason L-1A can be attractive for businesses that expect a qualifying senior employee to remain in the United States long term, but a future green card should never be assumed.

Our U.S. green card lawyers in Vancouver can assess permanent residence options separately from the temporary L-1A application.

L-1A Versus TN Status For Canadians

Canadian professionals sometimes qualify for both L-1A and TN status, but the categories serve different purposes.

TN classification is occupation-based and is limited to qualifying USMCA professional occupations.

L-1A focuses on a qualifying multinational corporate relationship and managerial or executive employment.

L-1A may be more suitable where:

  • The applicant is a senior executive or manager
  • The business has related operations in Canada and the United States
  • The U.S. role does not fit a TN profession
  • The company is expanding into the United States
  • Long-term multinational-manager permanent residence planning is relevant

The appropriate category depends on the specific facts and immigration goals.

L-1A Versus E-2 For Canadian Business Owners

Canadian entrepreneurs may also compare L-1A with an E-2 treaty investor visa.

The E-2 focuses on a substantial qualifying investment in a U.S. enterprise and is available only to nationals of qualifying treaty countries.

L-1A instead focuses on the relationship between foreign and U.S. businesses and the transfer of a qualifying executive or manager.

For a Canadian company opening a related U.S. operation, either category may potentially deserve consideration depending on ownership, investment, corporate history and long-term objectives.

Frequently Asked Questions About L-1A Visas

Does An L-1A Applicant Have To Be Canadian?

No. L-1 classification is not based on nationality or a treaty-country list. Applicants can potentially qualify regardless of citizenship if the employer and employee satisfy the L-1 requirements.

Does The U.S. Company Need To Already Be Operating?

Not always. An established business can sponsor an L-1A transfer, but a qualifying foreign employer may also use the L-1A new-office provisions to send an executive or manager to establish a U.S. operation.

Can A One-Person U.S. Company Get An L-1A?

A very small or new organization is not automatically disqualified, but the company must establish the requirements applicable to its case. For a new office, the key issue is whether the operation is expected to develop sufficiently to support a primarily managerial or executive role within one year.

Does A Manager Have To Supervise Employees?

Not necessarily. USCIS recognizes certain function managers who manage an essential organizational function at a senior level without directly supervising employees.

How Long Must I Work For The Canadian Company Before Transferring?

The beneficiary generally needs one continuous year of qualifying employment abroad within the applicable three-year period before the transfer or petition, subject to the specific L-1 rules.

Can The Canadian Company Close After I Move To The U.S.?

Generally, the qualifying organization must continue doing business in the United States and at least one other country during the beneficiary’s L-1 stay. A plan to relocate the entire foreign operation to the United States can therefore create eligibility issues.

How Long Is A New-Office L-1A Valid?

A qualifying new-office L-1A approval generally provides an initial stay of up to one year. An extension requires evidence that the U.S. operation has developed sufficiently to continue supporting a qualifying managerial or executive position.

What Is The Maximum L-1A Stay?

The usual maximum is seven years for a beneficiary serving in managerial or executive capacity, subject to applicable time-counting rules and exceptions.

Can My Spouse Work If I Have L-1A Status?

A qualifying spouse in valid L-2S status is generally employment authorized incident to status under current USCIS rules.

Is An L-1A A Green Card?

No. L-1A is a temporary nonimmigrant classification. Some multinational managers and executives may separately qualify for EB-1C permanent residence.

Can An L-1A Be Denied Even If I Am The CEO?

Yes. USCIS examines actual duties rather than relying on job titles alone. The company must demonstrate that the beneficiary will primarily perform qualifying managerial or executive responsibilities.

How Our Vancouver L-1A Visa Lawyers Can Help Individuals & Businesses

L-1A cases frequently turn on how the corporate structure, business operations and the employee’s actual duties are documented.

Our Vancouver L-1A visa lawyers can help:

  • Determine whether the companies have a qualifying relationship
  • Review the employee’s foreign employment history
  • Assess whether duties meet managerial or executive standards
  • Prepare established-office L-1A petitions
  • Develop new-office L-1A applications
  • Organize corporate and financial supporting evidence
  • Assess blanket L eligibility
  • Prepare responses to USCIS requests for evidence
  • Compare L-1A with TN, E-1 or E-2 and other U.S. immigration options
  • Consider longer-term employment-based permanent residence

Speak With Our Vancouver L-1A Visa Lawyers Today

The critical first step in setting an L-1A application on the right path is effective prescreening.

Our initial consultations are designed to analyze the corporate relationship, the employee’s experience, the proposed U.S. duties and the company’s broader immigration goals before significant resources are committed to an application.

If L-1A classification is not the best fit, our U.S. immigration lawyers can help identify other potential routes.

Contact one of our Vancouver L-1A visa lawyers today by calling (604) 684-4211 or completing our online contact form.

U.S. immigration News Room

Check out the blogs written by our legal team, where you can find valuable information on U.S. immigration matters.

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Frequently Asked Questions

At Border Solutions Law Group, we aim to provide clear, straightforward answers to help you understand your rights.

Here are some common questions we receive on U.S. immigration matters:

If you’re a foreign national planning to work the U.S., you will want to apply for a work visa. It’s important to know all you need in order to obtain it.

A Job Offer

Before you can apply for your work visa, you will usually have to have a job offer already lined up in the United States. Your employer must provide the government with certain documents before you can apply for your visa.

Petition and Obtain Labor Certification Approval

Your new employer will have to file a Petition for Nonimmigrant Worker with the United States Customs and Immigration Services (USCIS), Form I-129. This petition must have been approved by the USCIS before you begin the process of applying for your work visa.

The Department of Labor (DOL) must approve your certification to work. Your employer will need to get a certification from the DOL by applying for it on your behalf before filing the petition with the USCIS.

Certain work visas require certification as a prerequisite. It attests to the government that foreign employees are necessary, and that the position cannot be filled with American employees.

What Else is Necessary?

You need a current passport for your stay in the U.S. that must be valid for six months after you return to your home country. It should include a photo meeting certain specifications that you will upload when you apply online for your work visa.

You need the Receipt Number from Form I-129, a confirmation page that you’ve completed DS-160 Form, the Nonimmigrant Visa Application and a receipt showing that you paid the application fee of $190. There may be additional fees based on your location.

You must also show proof that you intend on returning to your home country once your work in the U.S. is complete. You can include any information that proves your intentions – such as family relationships, your future long-term plans, the residence you’re returning to and your financial situation.

You might have to include additional documents. It’s wise to contact an experienced immigration lawyer to get any information you need.

British Columbia residents who have the opportunity of obtaining employment in the United States may have many questions about the procedures to follow. Different visas could apply to U.S. employment immigration, and navigation of the legal procedures could be challenging. The type of visa required depends on the occupation of the person, his or her level of education and more.

The H visas cover various employment fields for those immigrating to the United States. H-1A visas are meant for registered nurses, and H-1B applies to holders of bachelor’s degrees filling positions requiring their specialised knowledge. Agricultural workers and others in fields in which there is a shortage of U.S. workers may apply for H-2 visas. The latter group of potential immigrants must provide the sponsoring employer’s documentation that no qualified workers with U.S. residency were willing or available for those positions.

Other employment visas include L-1 intra-company transfer visas for those transferred from a foreign office to a U.S. office of the same company. These typically involve executives or specialty employees going to the United States to provide training or work on specific operations. O visas apply to nationally or internationally known athletes or other individuals with extraordinary skills and abilities, and groups or teams with such abilities would apply for P visas — such as international sports teams. Lastly, religious workers travelling to the United States must apply for R visas.

Reading all this may exacerbate the confusion of any British Columbia resident looking to accept employment in the United States. There are also requirements related to the need for an employer who is offering the applicant a job to act as the sponsor for visa purposes. Individuals who face the challenge of navigating the employment immigration process may utilize the skills of a seasoned immigration attorney who is experienced in cross border employment immigration issues between Canada and the United States.

Source: FindLaw, “Temporary Worker Visas“, Accessed on Jan. 14, 2017

British Columbia residents who seek to travel to the United States for purposes other than relocating there may have many questions about the visa requirements. Along with employment immigration, other uses for non-permanent travel may include a pleasure trip, medical treatment, business or any purpose other than permanent relocation. Although there is a limited number of exceptions, travellers must obtain non-immigrant visas before travelling to the United States.

Temporary or non-immigrant visas are valid for set durations and specific purposes, and British Columbia travellers must apply at the embassies or consulates in Canada. Once the person has crossed the border, he or she cannot apply for a visa. One of the requirements that may present a challenge is the need for the applicant to show existing strong ties in Canada to convince the Consular Officer of his or her intention to return upon the visa’s expiration.

Another requirement for temporary visas is the financial statuses of the applicants to ensure they can support themselves for the duration of the validity of the visa. The purpose of the visit will determine the type of visa for which to apply, and applicants must show the validity of their claims to travel for particular purposes. Each type of temporary visa has unique requirements, related to its purpose, and the annual numbers of approved applications for some visa types are limited.

British Columbia residents who require visas for employment immigration and other non-permanent trips into the United States may find the process to be quite a challenge. Fortunately, the services of an experienced law firm that is registered on both sides of the border are available. Lawyers who focus on providing support and guidance to employees, students, business travellers and more, can identify the type of visa needed and explain the requirements while taking care of the documentation.

Source: FindLaw, “Non-Immigrant Visas Overview“, Accessed on Jan. 20, 2017

British Columbia tech workers who had their eyes on jobs in the United States may be having second thoughts. A website that represents almost 10,000 companies and serves about 1.5 million individuals seeking jobs, recently revealed the results of a study in which over 175,000 job offers and interview requests from the past 12 months were examined. The results show that the employment of tech workers from foreign countries is considered more carefully than before. This is likely due to the current uncertainty about U.S. immigration policies.

Reportedly, last year, there was a 60 percent drop in interview requests to foreign workers by U.S. companies from the second to the fourth quarter. It then increased slightly, but the second quarter of this year remained low, at only about two-thirds of the number of requests in the same period of 2016. An executive order signed in April now ensures that only the highest-paid and most-skilled applicants for H-1B visas are approved.

A spokesperson for the website said tech talent worldwide still finds the United States a desired or attractive place to pursue their futures. However, foreign talent appears less interested or hesitant to submit job applications for employment opportunities in the U.S. tech industry. The rate of foreigners accepting interview requests over the last two quarters of last year was said to be 4 percent lower than before.

While the U.S. tech industry remains interested in welcoming foreign talent, it is not always clear whether companies will be allowed to do that. However, British Columbia tech workers who believe they may qualify as “most-skilled or highest-paid” tech workers are free to apply for H-1B visas. It is often a challenging process, and many applicants seek the support and guidance of lawyers who focus on helping Canadian residents with U.S. immigration issues.

Source: mercurynews.com, “Trump effect: U.S. firms wary of hiring foreign tech workers“, Queenie Wong, Aug. 10, 2017

British Columbia residents who are planning to go to the United States for employment or other reasons may be confused about the requirements for legal entrance and the length of time they will be allowed to stay. With frequent changes to U.S. immigration regulations, it could be quite a challenge to navigate the necessary processes to ensure smooth entry at the border and during the stay. The first thing to understand is the difference between a visa and a green card, which is also called a Permanent Resident Card.

Although both these documents can allow an individual to stay or live in the United States, there is a significant difference. Permanent U.S. residence and employment are allowed for those with green cards, while there could be a time limit attached to a visa. However, two types of visas exist — non-immigrant and immigrant visas.

A person who holds a nonimmigrant visa will have a specific date by which he or she must leave the United States. These are typically issues for visitors, students, business people and such. In comparison, an immigrant visa — the same as the green card — allows an individual to stay in the United States and apply for U.S. citizenship. There are limited numbers of immigrant visas allocated annually, and they are typically obtained through sponsorship by employers, family or special immigration status.

Any person from British Columbia or another country who remains in the United States beyond the expiry date on a nonimmigration visa might be removed and returned to his or her home country. To avoid such a situation, it might be wise to consult with a British Columbia lawyer who is experienced in dealing with U.S. immigration issues. A lawyer who is registered on both sides of the border can be invaluable if complications arise at the border or in the United States.

Source: Echo Press, “Immigration issues and answers“, Celeste Edenloff, Oct. 25, 2017

Whether you are a British Columbia citizen who wants to travel across the border for temporary employment, to study or to visit, getting the paperwork done can be a daunting task. With frequent changes to U.S. immigration laws and visa requirements, it can be nearly impossible to understand all of the intricacies involved without professional assistance. Having the process simplified might improve your chances of a successful visa application.

Visas to authorize education, employment or training may require extensive documents, applications and petitions to demonstrate your eligibility. The fact that you have to navigate the laws of both Canada and the United States doubles the complexity of the process.

Non-Immigrant Visas

The first obstacle may be determining the type of visa for which to apply. Non-immigrant visas comprise of 20 different categories. However, the three main types are for business visitors and tourists, education, and temporary workers — each with subcategories. The following details might help you:

  • Education Visas: If you are a student with a valid registration at an academic establishment, you must apply for the F-1 visa. This covers students at high schools, language schools, conservatories, universities, colleges or seminaries. However, if you plan to attend a non-academic or vocational program, you will need an M visa. Then there is the J visa that applies to exchange visitors like trainees, students, professors, teachers and more.
  • Temporary Workers: To enter the United States as a temporary worker, you will need to apply for an H visa. If you are a professional such as a computer programmer or systems analyst, you must have an H-1B visa. However, agricultural workers need H-2A visas.
  • Business Visitors and Tourists: Business visitors are those who intend to engage in commercial transactions, and tourists visit the U.S. for pleasure. If this is your category, the B-1 or B-2 visa will apply to you. If you plan to do business and stay on as a tourist, you can apply for a multiple-purpose B-1/B-2 visa — which do not allow you to accept employment.
  • Others: Other non-immigrant visas include those for diplomats, aliens in transit, crewmembers, investors, foreign media representatives, religious workers and more.

Where to Find Proper Guidance and Support

It can be difficult to separate faulty information and misguided advice obtained from the internet from accurate information regarding immigration issues. For that reason, the most appropriate route might be to consult with a Vancouver law firm whose focus is on U.S. immigration, and one that is fully familiar with the legalities on both sides of the border. If you work with a firm that is a trusted source of up-to-date immigration advice, it can increase your chances of a favourable outcome.

The U.S. Visa Bulletin is published every month, and it serves to update employment- or family-sponsored visa applicants with the status of their applications. British Columbia residents who have visa applications filed with U.S. immigration can keep track of their positions in the queue by studying the bulletin. This is where they will be able to tell when their visas are available, which will allow them to file an application for a green card or adjustment of status.

The time an applicant has to wait depends on various matters. Only a specific number of visas for immigrants are issued every year, and the number already issued that year, along with the demand for visas, will play a role in the waiting time. There are also limits to the numbers of visas available for issue per country along with limits per category. All these can affect the time it takes to obtain a visa.

Those who want a visa to get a green card or an adjustment of status to become a permanent resident must follow specific procedures. The first step is the filing of an immigration petition by an employer or qualifying relative. Some petition types, such as spouses of U.S. citizens and unmarried children under age 21, allow the immediate availability of visas, while applicants for other types have to wait. Each application is allocated a priority date, which is the date a family member filed the petition or when the labour certificate was accepted by the Department of Labor.

The Visa Bulletin will have a cut-off date, and if the applicant’s priority date is earlier than the cut-off date or if a “C” is indicated — meaning current — then the visa is ready for collection. Because U.S. immigration is such a complicated process, many British Columbia residents utilize the services of experienced lawyers to navigate it for them. Lawyers who are familiar with the laws of both countries as well as any changes in legislation can provide the necessary support and guidance.

Source: FindLaw, “How to Use the U.S. Visa Bulletin“, Accessed on April 14, 2018

Residents of British Columbia who wish to work in the United States and also apply for a green card might have many visa-related questions. U.S. Immigration laws require foreign applicants to show that they have no intentions to remain in the United States after the expiration of the work visa. They must also show the intent to leave the U.S. during the processing time of a green card.

However, foreign nationals have the option to apply for dual intent visas that include L-1, H1-B and O-1 visas. If an employer sponsors an employee with one of these visas, the worker will not have to leave the U.S. during the green card application and processing period. The dual intent means the intention to use the visa to work in the United States and also the intention to make an application for permanent residency during the time for which the work visa is valid.

This does not mean that foreign nationals who do not have dual-intent visas are prevented from applying for permanent residency. However, they will have to leave the U.S. and their jobs while waiting for green card applications to be approved. The advantage of a dual intent visa is job retention and uninterrupted earning ability.

The decision to leave British Columbia and apply for permanent residency in the United States is a significant one. Dealing with U.S. immigration laws can be daunting, and many choose to utilize the skills of a lawyer who is registered on both sides of the border to answer their questions and explain the pros and cons of the different visas. The lawyer can assess the client’s unique circumstances and work with the sponsoring employer before suggesting the most suitable visa type for which to apply.

Still have questions? Contact Border Solutions Law Group today to schedule a consultation.

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