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).

Do you have an I-194 waiver?

Thanks to those who participated in my recent poll "Do you have an I-194 waiver?". It turns out that of those who participated over half have applied or intend to for the I-194 waiver (Advance Permission to Enter as a Non-Immigrant). It is also interesting to note that the amount that have 1 year or 5 year waivers are very close (3 to 4). I had read somewhere that the waivers were granted as 1 year or 5 based on the degree or seriousness of the past offenses. If this is true, then wouldn't a person expect that if he/she were granted a 5 year waiver, he/she should always expect the 5 year waiver? I'd be happy to hear your comments and personal experiences on this. Update: See I-192 Waiver Application Process

Changes to I-192 Waiver Application Process

There have been a few changes to the steps needed to apply for the I-194 (advance permission to enter the United States) after being denied entry at the US border. The changes below are in bold . Find your local fingerprint office (call to see if you need an appointment). Bring your passport, photo identification that shows your address (driver's licence for example) and approxiametly $25 CDN (most places seem to accept debit / credit cards) . Cost is between $25 and approxiametly $60 depending on whether the facility forwards your information electrically to the RCMP (if this is the case, skip step 2). Mail the C-216C form to the RCMP. Include a check for processing (approxiametly $25 CDN but call to confirm). Wait up to 1-3 months for a reply... When you receive your completed C-216C from the RCMP ensure it includes the fingerprint chart with a date stamp and the documentation related to your conviction and disposition. Complete a personal statement...

I-194 waiver renewal - another 5 years!

Great news! Today in the mailbox, just 3 months and 2 weeks after submitting my I-192 application with a Saturday interview at the Ottawa pre-clearance facility, I received my renewal (my second 5 year I-194 waiver) . This second 5 year waiver once again allows me to travel to the US for business and pleasure (B1/B2) for a maximum period of stay as determined by the admitting officer (the CBP officer on entry) . Have waiver, will travel! See updated information about renewals: I-194 waiver renewal recap

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?
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?

US Waiver for Canadians

Search This Blog