CBP Standards for Accepting and Adjudicating I-129 Petitions for L-1 Intracompany
Transferee Petitions for Canadian Citizens under the North American Free Trade
Agreement (NAFTA)
January 3, 2012

1. The burden of proof for establishing eligibility rests with both the petitioner who is filingthe petition; and the beneficiary, who is applying for admission.
2. CBP will review an I-129 petition submitted for an L-1 applicant to ensure theapplication is complete.
a. Two copies of the I-129 with original signatures on each copy.
b. Supporting documentation is included with the I-129 petition to establish thepetitioner and beneficiary are demonstrating that the petitioner and beneficiary meetthe requirements for the L-1 class of admission are:i. Qualifying entity:
 The applicant is coming to work for an entity in the U.S. that is the parent,branch, affiliate, or subsidiary of the entity in the foreign country.
ii. Qualifying capacity: Executive or Managerial.
 Specialized Knowledge.
iii. Qualifying past employment:
 An alien who within the preceding three years has been employed abroad for
one continuous year.
iv. Qualifying citizenship – the applicant is a citizen of Canada.
3. CBP will review the I-129 petition in accordance with 8 CFR 214.2(l)(17)(iv):
a. If a petition or certificate of eligibility submitted concurrently with an application foradmission is lacking necessary supporting documentation or is otherwise deficient,
the inspecting CBP officer shall return the I-129 petition to the applicant foradmission in order to obtain the necessary documentation from the petitioner or forthe deficiency to be overcome.
b. The fee to file the petition will be remitted at such time as the documentary or otherdeficiency is overcome.
c. If the petition or certificate of eligibility is clearly deniable, the CBP officer will
accept the petition (with fee) and the petitioner shall be notified of the denial, thereasons for denial, and the right of appeal.
d. If a formal denial order cannot be issued by the port of entry, the petition with arecommendation for denial shall be forwarded to the appropriate U.S. Citizenship andImmigration Services (USCIS) Service Center for final action.
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4. To ensure prompt processing by USCIS, including creating a Form I-797, Notice ofAction confirming the adjudication result (e.g. approval of the L-1 classification and thedates of validity); sending the Form I-797 to the petitioner; and entry by USCIS into theDepartment of State’s Petition Information Management System (PIMS) to facilitate theissuance of L-2 (dependent of L-1) nonimmigrant visas for non-citizens of Canada, thecompleted I-129 petition package must be mailed by CBP to the USCIS Service Center
after the petition has been adjudicated by CBP.
a. CBP will permit petitioners to prepare and CBP will accept a prepaid Express Mail
Flat Rate Envelope submitted with the L-1 petition and an application for admission.
b. The prepaid mailer must to be addressed to either the USCIS California Service
Center or the USCIS Vermont Service Center, depending on the location where thebeneficiary will work.
c. The addresses (current as of August 2011) are listed on the below and updated
information is available at www.uscis.gov. I-129 petition packages that areincorrectly addressed or without proper postage will not be accepted.
IfAndYou areThe beneficiary will work
thetemporarily in:petitioningemployer
AK, AZ, CA, CO, GU, HI, ID,IL, IN, IA, KS, MI, MN, MO,MP, MT, NE, NV, ND, OH,OR, SD, UT, WA, WI, or WY

Mail Form I-129 toCourier Address for All I-129s:
USCIS
California Service Center
ATTN: I-129 L
24000 Avila Road
2nd Floor, Room 2312
Laguna Niguel, CA 92677(Please note the type of I-129 in the attentionline)

The beneficiary will work
temporarily in:

USCIS
Vermont Service Center
ATTN: I-129
AL, AR, CT, DE, DC, FL, GA,75 Lower Welden Street
KY, LA, ME, MD, MA, MS, NH,St. Albans, VT 05479-0001
NJ, NM, NY, NC, OK, PA, PR,RI, SC, TN, TX, VT, VA, VI, or
WV

For more information, you may also visit the USCIS.gov or State.gov websites.

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