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a step-by-step advice
for successful l-1 filing

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FORM I-129S

Form I-129S
Nonimmigrant Petition Based on Blanket L Petition

In order to classify alien employees as L-1 nonimmigrant intracompany transferees (executives, managers, or specialized knowledge professionals) under a previously approved blanket L petition.

Filling Fee

See Special Instructions and Form Instructions.

Download Free US Immigration Forms

Edition Date

06/02/16

(Starting 08/29/2016, USCIS will only accept the 06/02/16 edition. Until then, one can use the 06/12/13 edition.)

Download Free and Fillable INS Forms Online

Number of Pages

Form 8; Instructions 9

Download DOL and Department of State Forms

WHERE TO FILE I-129S

If the alien employee requires a visa, he or she should present the completed petition to a U.S. consular officer; if no visa is required, the petitioner should file the petition at the USCIS Service Center where the blanket petition was approved.

Note: if the alien employee is a Canadian citizen, the petition may be filed directly with Customs and Border Protection (CBP) at certain ports of entry and certain pre-flight inspection locations.

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I-129S SPECIAL INSTRUCTIONS

Note on filing fees:

Some petitioners must pay a $500 Fraud Prevention and Detection Fee. If a petitioner must pay the $500 fee, they may also be subject to payment of a $2,250 filing fee, mandated by Public Law 111-230.

Each fee must be submitted by a separate check or money order. Make checks payable to "U.S. Department of Homeland Security".

Evidence of Petition Approval Needed When Traveling:

Along with a valid passport and visa (if applicable), the alien employee should carry the following documents when traveling to the United States:

  • Form I-797 USCIS petition approval notice; or
  • A copy of the approved Form I-129S (if applicable)

The alien employee should present this documentation to CBP when seeking entry or re-entry into the United States in the approved L-1 employment classification.

Exception: The above would not apply to an alien employee who is a Canadian citizen if the Form I-129S is being filed directly with CBP as indicated in the “Where to File” section above.

Note: Evidence of petition approval is not a visa and the alien employee must possess the appropriate nonimmigrant visa, if one is required, before applying for admission into the United States.

SUB SECTION-1

I-94 Validity:

When an alien employee with an approved I-129S petition is admitted to the United States, CBP grants the alien employee a period of stay documented on Form I-94 or as noted in the passport or travel document.

If the expiration date on the granted Form I-94 ends before the validity period of the I-129S petition (as shown on the I-797 approval notice), one of the following must occur before the expiration date on the Form I-94 or as noted in the passport or travel document:

  • A request for an extension of stay must be filed on behalf of the alien employee using Form I-129; or
SUB SECTION-2
  • An application for some other immigration benefit that would allow the alien employee to remain in the United States must be filed; or
  • The alien employee must depart the United States.

If the alien employee's stay is limited as described above, any dependent family members who accompanied or followed to join the alien employee must also: (a) request an extension of stay using Form I-539; (b) apply for some other immigration benefit that would allow the family member to remain in the United States; or (c) depart the United States, before the expiration date on the family member's Form I-94 or the date noted in the family member's passport or travel document.

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