FORM I-129S

Nonimmigrant Petition Based On Blanket L Petition

Introduction

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.

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I-129S DOWNLOAD


Filing Fee

See Special Instructions and Form Instructions.


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.)


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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.


Sub Section-1

I-94 Validity:

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:

  1. A request for an extension of stay must be filed on behalf of the alien using Form I-129S; or
  2. An application for some other immigration benefit that would allow the alien to remain in the United States must be filed; or
  3. 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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