In a strange reversal of long-standing practice, Customs and Border Patrol (“CBP”) has started refusing to adjudicate subsequent L-1 petitions presented by Canadians at certain ports of entry and preclearance locations along the US-Canada border.  CBP says that extension and amendment petitions now need to be filed with US Citizenship and Immigration Services (“USCIS”). This new policy affects both individual and blanket L petitions.

So far, this policy has been implemented at the following CBP ports of entry (“POEs”) and Preclearance locations: Calgary, Edmonton, Montreal, Pembina, Pt. Roberts, Seattle, Sumas, Toronto, Vancouver, Warroad, and Winnipeg.  

The legal basis for this new policy is unclear, and the American Immigration Lawyers Association is working with CBP about possible resolutions.  Updates will be posted as soon as they become available.

This alert is for informational purposes only and does not constitute legal advice.  Please contact us if you would like to discuss this development further.