CBP and USCIS Extend Pilot Program for Canadian L-1 Applicants at Blaine, WA

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At a glance

• The Blaine, WA, pilot program – under which USCIS adjudicates Canadian L-1 border applications instead of CBP – will be extended through April 30, 2019.
• The program is optional; Canadian citizens can continue to make border L-1 applications under standard procedures at other northern ports of entry.

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The situation

USCIS and CBP have extended a joint pilot program under which Canadians making initial or renewal L-1 applications at the Blaine, Washington, port of entry file their applications with USCIS in advance.  The program, which was originally set to expire on October 31, will remain in place through April 30, 2019.

How the pilot program works

The pilot program, which is optional, applies to Canadians seeking L-1 admission based on an employer’s previously approved blanket petition as well as those seeking L-1 admission based on an individual petition.  Canadian nationals who choose to participate in the pilot file their L-1 petitions with USCIS’s California Service Center for review and approval before seeking admission at the Blaine port of entry.  If USCIS approves the case, the applicant can use the approval notice to request admission at any northern port of entry.  Participants can also seek entry by bringing their filing receipt to the border, though CBP will need to contact USCIS to verify whether the case has been approved, which can result in delays.

As an alternative, Canadian citizens may continue to seek admission at nearby ports of entry without filing an application with USCIS in advance; nearby ports include Port Roberts, Sumas, Washington, and the Vancouver, Washington airport pre-clearance station.

Looking ahead

USCIS continues to seek feedback from stakeholders concerning the pilot program and whether it should be extended to other ports of entry or immigration classifications.  Because current regulations explicitly permit Canadian citizens to seek L-1 admission at Class A ports of entry and at airport pre-clearance, regulatory changes may be necessary to expand or permanently implement the program. Fragomen is closely monitoring the L-1 pilot program and will provide additional updates as they are issued.  

This alert is for informational purposes only.  If you have any questions, please contact the immigration professional with whom you work at Fragomen.