This period may be extended if one resides in and commutes from Canada or Mexico to the United States for employment. Again, if one is a commuter, this period may be extended. This doctrine makes it unnecessary for L-1 visa holders to continue to maintain permanent foreign residence or otherwise maintain ties with their home countries. The INS employs a strict legal test to determine whether the U.S. and foreign business entities have a qualifying L-1 relationship.
Legal advice is advisable to determine whether the requisite qualifying relationship exists.
In addition, there must continue to be a viable, operating business abroad throughout the transferred employee's stay in the United States. In other words, the foreign business entity must continue to operate during the entire period of the alien's L-1 status. At least one employee must remain abroad to ensure the continued viability of the foreign operation. Once assembled, the petition may be filed with the INS Service Center having jurisdiction over the place of intended employment. Alternatively, citizens of Canada are eligible to apply for L-1 status in person at a Class A port of entry pursuant to the provisions of the North American Free Trade Agreement.