L1 Visa - Blanket Petition

Introduction:

Certain employers, especially large multinational companies, are eligible to file 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 neednot be the parent nor the principal office. L-1 blanket petition is available for bothL-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 underAnti "Job-Shopping"Provisions of the L-1 Visa Reform Act.

Advantages:

Once approved, L1 blanket petitions considerably reduce the processing timings as the employer does not have to prove eligibility every time by filing individual petition. 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 L1 visa. But 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, Non-immigrant 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-1visa stamp in his/her passport.

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 year or more;
  • 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.
Documents:

As the maximum stay on L1B is five years while it is seven years for L1A visa, some people may want to do L-1B to L-1A conversion. As long as the L-1A petition is approved prior to completion of 4.5 years on L-1B visa. Of course, the alien must be eligible to receive L1A on its own. However,the work experience outside the U.S. does not have to be in the same capacity as the proposed employment in the U.S.

  • Form I-129and 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-797showing 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.
Fee Details:

    These fees apply for both new cases as well as extensions.

  • Filing fee of $325.
  • If premium processing is desired, additional fee of $1,225.
  • Fraud Prevention and Detection fee of $500.