Introduction
Certain employers, especially large multinational companies, are eligible to file a blanket L1 petition, provided they meet the certain criteria as described below. The petitioner must be a member of the company’s corporate family, but it does not need to be the parent nor the principal office. L-1 blanket petition is available for both L-1A (manager or executive) and L-1B (specialized knowledge professional) visa types. Overall maximum duration that the alien can stay remains the same, whether admitted through individual petition or blanket petition.
Before filing a petition, an employer must make sure that it is not ineligible under Anti “Job-Shopping” Provisions of the L-1 Visa Reform Act.
Advantages
Once approved, L1 blanket petitions considerably reduce the processing timings since the employer does not have to prove eligibility every time by filing individual petitions. Only the employee has to prove the eligibility at the U.S. Consulate abroad, and no processing at USCIS is required for individual cases. However, there is no guarantee that all employees will be approved for an L1 visa. Nonetheless, it provides the employer with the flexibility to transfer eligible employees to the U.S. quickly and with short notice.
The employers that have the L1 blanket position approved only need to complete Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, and send it abroad to the employee, along with a copy of the blanket petition approval notice (Form I-797) and other required evidence so that he/she can present it to the consular officer to obtain an L-1 visa stamp in his/her passport.
Details about individual admission on L-1 blanket petition
Eligibility
A petitioner that meets the following requirements may file a blanket petition seeking continuing approval of itself or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations if:
- The petitioner and each of those entities are engaged in commercial trade or services;
- The petitioner has an office in the U.S. that has been doing business for one or more years;
- The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and
- The petitioner and the other qualifying organizations:
- Have obtained approval of petitions for at least ten “L” managers, executives, or specialized knowledge professionals during the previous 12 months; or
- Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
- Have a U.S. work force of at least 1,000 employees.
- Have obtained approval of petitions for at least ten “L” managers, executives, or specialized knowledge professionals during the previous 12 months; or
Individual Petition
An individual petition may be filed by the petitioner or organizations in lieu of using the blanket petition procedure. However, the petitioner and other qualifying organizations may not seek L classification for the same alien under both procedures, unless a consular officer first denies eligibility. Whenever a petitioner which has blanket L approval files and individual petition to seek L classification, the petitioner must advise that it has blanket L approval and certify that the beneficiary has not and will not apply to a consular officer for L classification under the approved blanket petition. The blanket petition shall be maintained at the adjudicating office of the USCIS. The petitioner shall be the single representative for the qualifying organizations with which USCIS will deal regarding the blanket petition.
However, L-1B blanket petition is available only for specialized knowledge professional only. For specialized knowledge category for a non-professional, an individual L1 visa petition must be filed.
Documents
- Form I-129 and the special L supplement.
- Evidence that satisfies all the L1 visa requirements.
- A written statement, as well as the evidence that it meets the eligibility requirements for the blanket L1 petition, as described above.
Regarding the eligibility criteria D as described above, the following corresponding evidence may be provided:- Submit copies of Form I-797 showing the approvals.
- Submit the petition statement regarding the combined annual sales of its U.S. organization. Alternatively, a copy of the company’s annual report if it has that information.
- The petitioner’s statement regarding the size of its U.S. workforce. Alternatively, a copy of the company’s annual report if it has that information.
- Submit copies of Form I-797 showing the approvals.
- The petition should include in the blanket petition all of its branches, subsidiaries, and affiliates which plan to seek transfer aliens to the U.S. under the blanket petition. Evidence that all entities for which approval is sought are qualifying organizations.
- Biographical information about the U.S. employer’s business, such as annual report, web site material, marketing material, etc.
- U.S. employer’s tax ID number, recent gross and net income figures, and number of employees.
Fees
These fees apply for both new cases as well as extensions.
- Filing fee
- Fee details
- If premium processing is desired, an additional fee for the same.
- Fraud Prevention and Detection Fee.
Any of the above fees, when applicable, can not be waived.
All the above fees should be made payable to “US Department of Homeland Security” and can be paid with a personal check, corporate check, or money order. Each of the fees listed above must be paid with separate checks or money orders.
In addition to the Fraud Prevention and Detection Fee at the time of submitting blanket L-1 petition, this fee also must be paid for each employee at the time of visa issuance.
Filing
L1 petition should be filed at the service center having jurisdiction where the alien will be employed or the location of the employer, as appropriate.
Processing
An L-1 blanket petition only deals with the relationships between the entities in the corporate structure and not with the alien beneficiaries. Once the initial L-1 blanket petition is approved, any of the qualifying organizations listed in the approved L-1 blanket petition may transfer employee(s). Any corporate entity not listed in the L-1 blanket petition may not transfer employee(s), but additional organizations can be added to the blanket petition by the filing of an amended blanket petition.
Validity and Extension
L-1 blanket petition approval (indicated by Form I-797, Notice of Action) is valid for three years. The petitioner can seek an indefinite number of extensions. However, if the petition fails to apply for an extension of the L-1 blanket petition, or USCIS denies the extension, they may not file a new blanket petition for three years.
The alien beneficiary must apply for admission into the U.S. or be granted a change of status only during the validity period of a blanket L-1 petition. However, the period of admission may extend beyond the blanket L-1 petition validity.
