Only for activities that are permitted for business visitors, such as attending meetings, viewing premises and negotiating contracts. Hands-on work such as assembling frames or supervising staff must wait for approval.
Draw the line between visiting and working
Business-visitor entry allows a Canadian to attend to matters that are incidental to the foreign business: negotiating a lease, meeting a prospective customer, opening a bank account, inspecting a site. It does not allow productive work in the United States, and it does not allow the manager to begin managing U.S. employees. Set-up trips should be short, purposeful and documented, and the manager should carry evidence of ongoing Ontario employment and a return date. The petition itself can be filed once the lease is signed and the corporate structure is in place; premium processing shortens the wait for a decision, for a fee, and is often sensible when the assembly season is fixed. Do not have the manager begin work on a promise that the approval is coming; a transfer that starts early can compromise both the petition and the manager's future admissibility.
Hypothetical example: a cider producer sends its Canadian sales director to negotiate distribution terms in the United States while the transfer petition is pending. The first review should create a visit agenda limited to meetings, negotiations and inspection, then compare each proposed activity with the job she will later perform. The dated itinerary and return travel record help distinguish a permitted business visit from early productive work. If the purpose shifts to directing staff or fulfilling customer orders, stop and wait for approval; changing the label of the trip does not change the activity.
- USCIS — L-1A intracompany transferee executive or manager
- USCIS Policy Manual — L-1 evidence (Vol. 2, Part L, Ch. 8)
- 8 CFR 214.2(l) — intracompany transferees
- 8 U.S.C. 1101(a)(44) — managerial and executive capacity
- USCIS Policy Manual — employment authorization for certain spouses
- USCIS — fee schedule (G-1055)