US L1 Visa for Canadians: A 2026 Guide for Employers and Staff

If you are an employee applying for the L1 Visa, you:

• Must have been working for your employer in Canada (or anywhere outside the US) continuously for at least one year within the three years prior to their admission to the US
• Are coming to the US to work in an executive or managerial position for, or provide services in a specialized knowledge capacity to, a branch of the same employer or one of its qualifying organizations

The primary difference between the L-1A and the L-1B visas is the nature of the work that the visa holder is permitted to carry out while in the US. You may be classed under the L-1A Visa for executives if your work meets the following requirements:

• If you supervise and control the work of professional employees
• If you are charged with managing the organization or a major department/function of the business
• If you have the ability to create and implement policies and procedures within the organization
• If you have ‘wide latitude’ in making key business decisions for the company
• If you are granted supervision or instruction from senior executives, the organization’s board, or the shareholders

Workers who are not an executive may also qualify as managers under the following L-1A Visa criteria:

• If you are in charge of managing the organization of a department, or another component of the business
• If you oversee and supervise the work of a number of reports, or alternatively, are the manager of an essential function within the business
• If you are trusted to hire new employees and make other personnel recommendations for the company
• If you have control over the daily operations of the business function

The L-1B visas for specialized knowledge worker roles may be the more appropriate option for you if the following criteria apply to you:

• If you have specialist knowledge based on products, services, research and development activities, equipment method, intellectual property, etc, which are vital to the interests of the organization
• If you have advanced or unique knowledge of the organization’s processes and procedures

When considering if the L-1B Visa is appropriate for you, it is important to identify the nature of your skills and expertise. For the purposes of this visa, specialized knowledge refers to individuals who are key employees that have extraordinary knowledge, which would not be easy or possible to transmit to another individual.

USCIS will seek to confirm that you have obtained the specialized knowledge based on years of service within the business, and if you were unable to come to the US branch, the company would not be able to operate as effectively.

L-1 Visa Reform Act of 2004

Per the provisions under this Act, for petitions filed on behalf of L-1B employees to be stationed primarily at the worksite of an employer other than the petitioning employer (or by any of its qualifying organizations), the petitioning employer must show that:

• The concerned employee will not be controlled or supervised by the unaffiliated employer, and
• The work they perform is not considered to be ‘labor for hire’ by the unaffiliated employer

The L1 Visa process is complex and requires the successful completion of several steps on part of the employer as well as the employee. Broadly speaking, the L1 application process can be divided in two parts. First, the employer files a petition to USCIS. Once the petition is approved, then the employee applies for the visa.

Employer Files Form I-129

First, the transferring employer will have to file Form I-129 (Petition for a Nonimmigrant Worker) on their employee’s behalf with USCIS. They may file it online or opt for a paper filing (by mail).

They will have to pay the filing fee and submit required evidence. Any document not in English must be accompanied by a certified translation copy.

The employer may also submit Form I-907, Request for Premium Processing, if they want to expedite the process.

Employee Submits L1 Visa Application

Once the USCIS approves the employer’s petition, the transferee can start their L1 visa application process.

If you are a Canadian citizen, you will be exempt from submitting an L1 visa application. Instead of standard consular processing, you may present the completed Form I-129 and supporting documentation to a U.S. Customs and Border Protection (CBP) officer at your port-of-entry.

If you are a third-country national, you will have to go through the standard consular processing stages, such as:

1. File online form DS-160 (Online Nonimmigrant Visa Application) and upload photo as required
2. Pay the L1 Visa application fee and keep a record of the receipt
3. Schedule an appointment for your L1 Visa interview at your nearest US embassy or consulate
4. Submit supporting documentation as part of your application

Carry all requested documents, including the confirmation page from your DS-160 application and your receipt from your application fee, with you on your interview date.

During the visa interview, a consular officer will ask you relevant questions to determine your eligibility for the L1 visa. They may also take your digital fingerprint scans, and also inform you in case your application requires further administrative processing.

If your visa is approved, you may have to pay a visa issuance fee depending on your nationality. The embassy/consulate will also inform how your passport with L1 visa stamp will be returned to you.

If you meet the following conditions, you may be eligible to file a blanket L petition:

• You and your qualifying organizations are engaged in commercial trade/services
• You have a US office that has been doing business for one year or more
• You have three or more domestic and foreign branches, subsidiaries, and affiliates
• You and your qualifying organizations collectively meet one of the following:
  • Have at least 10 L1 approvals in the previous 12-month period
  • Have US subsidiaries/affiliates with combined annual sales of $25 million or more
  • Have at least 1,000 employees in the US

An approved blanket L petition comes with the flexibility to transfer your eligible employees to the US without having to file individual petitions with USCIS.

Being visa-exempt, your Canadian national employees may present the completed Form I-129S (Nonimmigrant Petition Based on Blanket L Petition) and supporting documents to a CBP officer at their port of entry for admission. You may also file Form I-129S and supporting documents with the USCIS Service Center which approved the blanket petition (instead of with CBP).

If your employee is a third-country national and requires an L1 visa, you will have to complete Form I-129S once your blanket petition is approved and send it to your employee along with a copy of the blanket petition Approval Notice and other required evidence. They can then present all that to a US consular officer when applying for their L-1 visa.

USCIS currently takes around 7 months to process Form I-129 (i.e., 80% of cases are completed within this timeline as of September 2026). As USCIS keeps on changing this based on real-time data, always check the concerned site for the current timeframe.

You may expedite the processing and get a decision within 15 business days by paying an additional premium processing fee.

There are many different costs involved with applying for the L1 Visa, such as:

• Filing fee for form I-129:
  • Standard: $1,385
  • Small employers/non-profit: $695
• Anti-fraud fee: $500.00 for visa applicant included in L blanket petition ($4,500 if the petitioner has 50 or more workers in the US and more than half of them are in H-1B or L-1 status)
• Online form DS-160: $205.00

If you wish to fast-track your application, you can apply for premium processing by paying a fee of $2,805.

The transferee can bring their spouse and unmarried children under 21 to the US on an L-2 nonimmigrant visa. They usually get the same period of stay as the employee on L-1 visa.

If the dependants are already in the US, they may apply for a change of status to or extension of stay in L-2 classification by submitting Form I-539 (Application to Change/Extend Nonimmigrant Status).

Spouses on an L-2 visa can work in the US.

L-1 visa is a dual intent visa, meaning the transferred employees can apply for a green card (lawful permanent residency) in the US after the qualifying period and provided they meet the requirements.

L-1A holders usually apply under the EB-1C green card category for multinational executives and managers, while L-1B visa holders apply under EB-2 or EB-3 employment-based categories depending on the level of their education and work experience.