L-1 BLANKET PETITION

In order to facilitate companies that are frequent users of the L-1 visa category or large multinational organizations, the Immigration and Naturalization Service (INS) has devised a special set of L-1 procedures called the blanket petition program. These procedures are devised in order to save company time, money and efforts for qualifying employees for intra-company transfers. This procedure is applicable to managerial and executive transfers and transfers involving professionals who have a specialized knowledge.

As per this procedure the applicant company needs only one approval for all intra-company transfers for an initial three-year period, this period can be converted into an approval of indefinite duration upon making an extension request at the end of the first three years.

Eligibility to Qualify

The INS has set following standards for a company to qualify under this blanket petition program:

All of the qualifying organizations within the international structure of the petitioner must be engaged in commercial trade or services and be actively doing business at present and will continue to actively do business indefinitely. An evidence of this can be provided by way of the annual report or 10-K statement of the U.S. Company or the parent company abroad. If these documents are unavailable the company can provide other financial data indicating active business is being conducted.

The petitioner should have an office in the United States, which has been doing business for at least one year. This should be evidenced by the company’s annual report or 10-K statement. Further, the company needs to show that it has been incorporated prior to at least one year before filing of the petition and runs an active business. The documentation could include articles of association and the previous years audited financial statements or documentation of on going business such as pending commercial contracts and invoices or receipts for goods or services over the past one year.

The petitioner should have at least three domestic or foreign branches, subsidiaries, or affiliates. This can be evidenced by the annual report or the 10-K statement and also by the proof of the corporate structure as described below.

The petitioner organization should fulfill one of the following conditions:

There should be at least ten L-1 approvals in the past year for executives, managers, or professionals with specialized knowledge. This can be evidenced by submitting approval notices of these cases, supplemented by the copies of the original petition on form I-129 and L Supplement. In case of transfer of a professional having a specialized knowledge the petitioner should submit documentation of professional status similar to the type used to show that an alien is a member of a ‘specialty occupation’ under the H-1B category.

U. S. sales of all the petitioner’s U.S. components aggregating at least to $ 25 million in the preceding year. This can be evidenced by the company’s annual report or 10-K statement or alternatively audited financial statements or corporate tax returns of the past year.

All the U.S components of the petitioner to have on its payroll at least 1000 employees. This can be evidenced by filings with the IRS regarding withholding of payroll tax; the last report prior to filing of the petition should be submitted.

The INS has set the following standards for an employee to qualify under this blanket petition program:

A continuous year of employment abroad within the last three years with one of the qualifying corporate entities under the blanket petition.

Employment abroad in a managerial or executive capacity or as a professional with specialized knowledge.

Employment in the United States in a managerial or executive capacity or as a professional with a specialized knowledge.

Documents to show proof of Corporate Structure

Documentation regarding the Corporate Relationship within the International Organization

The petitioner company should provide sufficient documentation of corporate relationship between all foreign and domestic corporate entities among who the international transfers are envisaged. The documentation should include the annual report and 10-K statement of the company, and official corporate records of stock ownership, such as copies of the stock certificates evidencing ownership, together with a statement from the corporate secretary or accountant stating the number of issued shares and the percentage of ownership represented by the certificates.

Company Letter Summarizing the Company’s Case for the L-1 Blanket Petition Program

Though it is not mandatory to include the Company Letter, it is advisable to include it with the petition to strengthen the petitioner’s case. The Company letter should summarize the key aspects of the applicant’s case:

a) Its qualification for the program, and

b) The qualifying components of the corporate structure

When the above information is too wide for including it in a letter, then it would be advisable that the letter should serve to organize and reference the supporting documentation, which should be indexed, or exhibits tabulated for easy reference.



Approval and Denial of the Petition

The Service Center where the petition was submitted for adjudicating on it may either approve the petition or deny the petition. In case the petition is approved the Service Center will maintain the approved petition with itself, so that all future actions - extensions of the blanket petition, extensions of stay of individual transferees, individual petitions filed for particular aliens - can be coordinated with the blanket petition. In the event that the INS may only partially approve the petition and may not include in the approval notice a particular entity, it will give an explanation of the reasons for the denial of that part of the petition. A full or partial denial may be appealed to the INS Administrative Appeals Office. In case of partial denial, the company can proceed to transfer employees, while awaiting the decision on the appeal from partial denial of the petition,

Additional organizations may be added to the blanket petition by the filing of an amended blanket petition. The petitioner will be notified of the approval of the blanket petition on Form I-797, Notice of Action.

Admission for an Alien in the United States after Approval of the Blanket Petition

An alien seeking admission to the United States under the blanket L-1 will present Form I-129S which is referred to as Certificate of Eligibility for Intracompany Transferee Under a Blanket Petition along with triplicate copies of the same to a consular officer or, in the case of a visa exempt alien, to a service officer at a port of entry.

The company that is listed on the approved blanket petition that wants to undertake Intracompany transfer of an alien to the United States should complete and submit a Form I-129S in an original and with three copies. The company must attach a copy of the Form I-797 relating to the approved blanket petition, to the original and with each copy of the Form I-129S. If the alien is visa exempt, the Form I-129S and the copies should be presented to the inspecting officer at the time the alien makes an application for admission to the United States. If the alien is eligible for L-1 classification, the inspecting officer will endorse all copies of the Form I-129S to note that the alien was admitted under a blanket L-1 petition. One copy of the endorsed Form I-129S will be returned to the alien to be presented to the Service on future admissions. The other copies will be sent to the Service Center where the blanket petition was adjudicated.

In case the alien requires a visa, the Form I-129S and the copies with the Form I-797 attached, is presented to a consular officer when the alien applies for a visa. The consular officer determines whether the alien is eligible for L-1 status. If eligible, the alien is issued an L-1 visa and the consular officer, to reflect that the alien is eligible for an L-1 blanket visa, endorses the Form I-129S. The alien then presents both the L-1 visa and the endorsed Form I-129S to an immigration officer at a port of entry.

The Form I-129S must be submitted to the consular officer or immigration officer evidencing that (i) the alien was employed in a qualifying capacity for 1 continuous year in the 3-year period of time preceding the alien's application for admission, and (ii) that he or she will be employed in a qualifying capacity for a United States company included in the blanket petition. For purposes of the L-1 Blanket Petition, a qualifying capacity means that the alien was employed as a manager, an executive, or as a specialized knowledge professional.

Pursuant to 8 CFR 214.2(l)(4)(ii), only managers, executives and specialized knowledge professionals as defined in 8 CFR 214.2(l)(1)(ii)(E) are eligible under the L-1 Blanket Petition.

A specialized knowledge professional is an alien with specialized knowledge and who is a member of the professions as defined in section 101(a)(32) of the Act. Aliens possessing specialized knowledge who are not professionals are NOT eligible for L-1 classification under the L-1 Blanket Petition. A petitioner seeking to accord status to a non-professional alien with specialized knowledge will have to file an individual L-1 petition on the alien's behalf.

Period of Admission-Initial Entry

An L-1 nonimmigrant initially seeking admission under a blanket petition may be admitted for a period of three years even though the initial validity of the blanket petition may expire before the end of the 3-year period. The validity period of the supporting blanket petition will be listed on the Form I-797. Inspectors will not limit an L-1 alien's initial admission to the United States to less than 3 years unless an issue arises concerning the validity of the alien's passport. The alien's passport must be valid in accordance with section 212(a)(7)(B)(i)(I) of the Act and IFM Appendix 15-2, unless an alien is passport exempt. An L-1 alien may not be admitted beyond the validity period of his or her passport.

Period of Admission-Subsequent Applications for Admission

An L-1 alien may apply for admission to the United States during the validity period of the blanket petition. An L-1 alien may not be admitted for a period of time that exceeds the statutory limitations on L-1 stay in the United States. An L-1 alien who has spent either seven years in the United States in a managerial or executive capacity or five years in a specialized knowledge capacity may not be readmitted to the United States as an L-1 unless the alien has resided and been physically present outside the United States for the immediate previous year, except for brief visits for business or pleasure.

An L-1 alien who departs the United States and applies for admission to the United States would be considered as making a new application for admission to the United States. The L-1 Blanket Petition must also be valid at the time that the alien applies for a subsequent admission as an L-1 nonimmigrant. On subsequent applications for admission to the United States, inspecting officers must determine the length of time that the alien has previously been in the United States as an L-1 alien. In no case may the alien be admitted for a period of time in excess of three years on any individual (or subsequent application for) admission. In addition, on subsequent applications for admission the L-1 alien should present to the inspecting officer Form I-797, showing that the L-1 petition remains valid, and a Form I-129S. Of course, the normal passport and visa requirements for admission continue to apply on subsequent admissions to the United States.

If a determination is made that an alien is not eligible for L-1 classification under the blanket petition process, the alien's employer may file an individual L-1 on his/her behalf.

An L-1 may be re-admitted to the United States even though reassigned to a different organization, provided that the INS, as evidenced by the Form I-797, has approved the organization.

Dual Intent

An alien may legitimately come to the United States as an L-1 and, at the same time, lawfully seek to become a permanent resident of the United States. The filing of an application for, or approval of a permanent labor certification, an immigrant visa preference petition, or the filing of an application for adjustment of status shall not be the basis for denying an L-1 admission to the United States.

Click here to see INS Memo on L-1 Blanket Petitions.

L-2 Visa

An L-2 visa is granted to the spouse and minor children of the L-1 applicant. Under this visa, neither the spouse nor children are authorized to work, but the children may continue their studies.

Work Authorization for Spouses

The President has signed into law a new immigration new bill H.R. 2278. This will allow spouses of L visa holders to work while they are in the United States. Currently, spouses are allowed to accompany the principal visa holder for the length of their assignment, but are banned from working. The new rule will come as a welcome measure to many as most families depend on a dual income.

The new law also reduces the amount of time required for the applicant to be employed by a company before being eligible for a transfer on an L visa. The provision, known as ‘pre-employment blanket requirement’ currently requires the alien to have been employed for a minimum of one year within the last three years to be eligible for an L visa. This bill would reduce that period from one year to six months for those companies sending their executives/managers/workers with specialized knowledge and skills, under the L-1 blanket scheme.

Click here to read guidance on application of work authorization.

InfoLinks:

- L- Intracompany Transferee Visa

- Intracompany Transferees