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.
See Special Instructions and Form Instructions.
(Starting 08/29/2016, USCIS will only accept the 06/02/16 edition. Until then, one can use the 06/12/13 edition.)
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.
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.
When an alien beneficiary with an approved I-129S petition is admitted to the United States, CBP grants the alien beneficiary a period of stay documented on Form I-94 or as noted in the passport or travel document.
If the expiration date on the 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 using Form I-129S; or
- An application for some other immigration benefit that would allow the alien to remain in the United States must be filed; or
- The alien must depart the United States.
If the alien’s stay is limited as described above, any dependent family members who accompanied or followed to join the alien 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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