U.S. Customs and Border Protection (CBP) confirmed the deployment of an L-1 Checklist at U.S.-Canada Ports of Entry (POE) for cases that are not approved. L-1 checklists should now be used by CBP if any L-1 petition is deemed deficient when presented by a Canadian citizen seeking petition adjudication and admission under NAFTA. CBP has also released a second L-1 checklist covering basic points of L-1 eligibility, which is intended to serve as both a guide for applicants and an internal officer training tool.
If a Canadian citizen is refused admission following L-1 adjudication at a U.S.-Canada POE, the applicant should now receive an L-1 deficiency checklist. This document should indicate the specific reason(s) why the petition was not approved. The purpose of the checklist is to better inform applicants of the deficiencies in their petitions so that they can return to the same POE to successfully re-apply with the appropriate documents.
At the same time, the checklist is intended to assist the re-adjudicating CBP officer in simplifying their review of the petition. During the re-adjudication, the officer should focus on only those areas which were previously found deficient. For now, the checklist will be in use only at U.S.-Canada POE where NAFTA adjudications are common. For further information about L-1 applications at a U.S. POE, please contact PricewaterhouseCoopers Immigration Law LLP.