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Got waiver? Great, now you can move to the US

Relocate to the United States with an I-194 waiver

I contacted the CBP Info Center recently regarding an opportunity I'd been given by my employer to temporarily relocate to California on a project. Although I subsequently turned down the offer, I did receive a positive response from CBP around the issue of US relocations. My question was submitted as follows:

I am a Canadian citizen with a Canadian criminal record, currently holding my 2nd waiver of inadmissibility (I-194) which clearly states that I am approved to travel both personal (B2) and business (B1). Recently, the company I work for has approached me to temporarily relocate for a position in the USA. My question is: with my current waiver, am I eligible to apply and be potentially be approved for an L-1A (Intracompany Transferee Executive or Manager), or would I first have to re-apply for a I-194 waiver stating intention of this new visa?
It took approximately 5 business days for the CBP Info Center to get back to me with the following response:

Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.
Unfortunately the answer is yes. You would require a separate waiver if you are entering the U.S. in the capacity of L-1A.
Thank you again for contacting the CBP INFO Center.
Sincerely,
CBP INFO Center 
The takeaway for me was two fold: First, the I-194 waiver does permit an individual to physically live and work in the US. Second, the directive of your waiver clearly states the activities you are entitled to (meaning, if you are intending to get an employer sponsored H1B, TN1 or L1 visa, you should clearly state this in your intentions when applying for your waiver or risk having to reapply at a later point).

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Comments

  1. AnonymousJanuary 8, 2015 at 10:51 AM

    Thank you very much for this post. I am in the same situation and I was looking for this answer. I am on my second U.S. waiver valid for 5 years (intent for business and pleasure). My waiver was for an overstay. If I understand you correctly, I would have to apply for a new waiver if I want to apply for a H1B visa?

    ReplyDelete
    Replies
    1. Ryan SmartyJanuary 8, 2015 at 4:27 PM

      Yes, the way I understood the reply from CBP Info Center: if your waiver does not include a reference to the H1B visa you will need to re-apply for a new waiver specifying that you will be utilizing an H1B. Good luck and keep us posted.

      Delete
  2. AnonymousJanuary 21, 2015 at 3:01 PM

    Ok thanks for responding. Do you know if you have to get the job/h1b visa first before applying for the new waiver or is it the reverse?

    ReplyDelete

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