L1 Blanket Visa

The L-1 work visa is a nonimmigrant visa which allows foreign nationals being transferred by their current employer to enter into the U.S. to lead or manage a related organization, or a major function or division of a related organization, or work for a related company as a specialized knowledge employee.

The L-1 visa category is split into 2 separate categories- the L-1A for Multinational Executives and Managers and the L-1B for Specialized Knowledge workers.
The primary requirements of the L-1 category include:

1. Qualifying Relationship: There must be a qualifying relationship between the U.S. sponsoring employer and at least 1 foreign entity – parent-subsidiary, affiliate or branch office.
2. Employed for at least 1 Year: The employee who is being transferred must have been employed for 1 continuous year abroad within the past 3 years in a managerial, executive or specialized knowledge capacity.
3. Role in the U.S.: The position in the U.S. must be a managerial, executive or a specialized knowledge position. The role cannot involve a combination of these subcategories.
4. New Office L-1: If the U.S. company is less than 1 year old, it is defined as a “New Office”. This special designation allows foreign companies to expand into the U.S.

To facilitate the transfer of employees for large multinational companies, USCIS has created a special category of the L-1 called the “Blanket L-1”.
The Blanket L-1 is essentially a mechanism where a multinational U.S. company can obtain preapproval of the qualifying relationship it has with its parent, subsidiary, and/or affiliate companies in the U.S. and abroad. Once a company has a Blanket L-1 approval, it can quickly transfer employees from the listed companies abroad to any of the listed companies in the U.S. without having to file a separate L-1 petition with USCIS. The employees simply have to apply directly at a U.S. Consulate for an L-1 visa (Canadian citizens simply have to present the approval at the port of entry with the required forms and documents).

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In order to be eligible for Blanket L-1 classification:

1.The U.S. petitioner and each qualifying organization must be doing business (engaged in commercial trade or services)

2.The U.S. petitioner has to have been doing business for at least 1 year

3.There are at least 3 or more U.S. and foreign branches, subsidiaries, and/or affiliates; and

4.At least one of the following criteria must be met:

In order to apply for Blanket L-1 classification, the U.S. petitioner must file the Form I-129 petition with evidence of the above listed criteria and a full list of all qualifying entities. Once approved, employees can only be transferred to entities listed in the Blanket approval. For any entity that is not listed in the Blanket approval, an individual petition must be filed to transfer any employees. An amendment Form I-129 can be filed to add entities to the Blanket L-1.

The documents required with an L-1 Blanket petition are:

1.Biographical information about the U.S. employer’s business (annual report, web page materials, marketing materials, etc.)

2.U.S. employer’s tax I.D. number, recent gross and net income figures, number of employees in U.S. company

3.Names and addresses of all relevant affiliates, subsidiary and parent companies, branches, overseas offices, etc. There must be at least three or more related entities around the world to qualify for a Blanket petition

4.Documents to demonstrate the corporate relationships between the U.S. and overseas companies (e.g., copies of stock certificates or equivalent documents)

5.Evidence that the U.S. company and related foreign entities are engaged in commercial trade or services and that the U.S. company has been doing business for one year or more (e.g., Annual Report, 10-K statement, etc.)

On L-1 Blanket visa, the privileges you enjoy include:

1. Being able to quickly transfer to the U.S. to work legally for a U.S. company without having to wait for an L-1 petition approval
2. Being permitted to travel in and out of the U.S. or remain here continuously until your L-1 visa expires
3. Your dependents can accompany you in L-2 status and your L-2 spouse can work
4. Apply for a Green Card through employment and skip a major step of that process (no Labor Certification requirements) if you qualify as a Manager or Executive transferee.

The Blanket L-1 petition filed by the employer is initially valid for three years. The U.S. petitioner can then file an extension to obtain an indefinite extension (no expiration) as long as they continue to meet the requirements of the L-1 Blanket.

Once a US Petitioner has an approved L-1 Blanket petition, employees can be transferred to any U.S. company that was listed in the petition from any foreign related company that was listed in the petition. No separate petition with USCIS will be needed to transfer that employee.

Once an employee has been designated for transfer and the company has determined whether the employee will be an L-1A, Manager or Executive, or an L-1B Specialized Knowledge professionals, the following steps will be taken:

1. Prepare the Form I-129S (at least 3 copies) and attach the L-1 Blanket approval to each I-129S
2. Prepare documentation showing that the employee qualifies for either for L-1A or L-1B
3. Schedule an appointment at the U.S. Consulate (prepare all other documents/procedures needed for a visa appointment, including submission of the DS-160, Nonimmigrant Visa Application)
4. Submit any required fess
5. The employee will attend the interview and obtain an L-1 visa with the L-1 Blanket endorsement. One of the Form I-129S’s will also be endorsed by the Consulate.
6. The employee will travel to the U.S. and must present the L-1 visa along with the endorsed Form I-129S.

Note: If the employee is an Canadian citizen, the employee must present the Form I-129S, L-1 Blanket approval and supporting documentation at the port of entry. If approved, the CBP officer will endorse the Form I-129S. It is recommended that this endorsed Form I-129S be carried for each trip for the duration of the L-1 status.

Generally, the L-1A for Executives and Managers has a maximum validity of 7 years. The first visa will be for 3 years and can be extended 2 times, in 2 year increments.

The L-1B for Specialized Knowledge Professionals has a maximum validity of 5 years. The first visa will be for 3 years and can be extended for 2 years.

L-2 visa status that is issued to the dependents of US L-1 visa holders. Dependents include the spouse and unmarried children below 21 years of age.

The L-2 spouse of an L-1 visa holder can work in the U.S., in any occupation or field. There is no requirement to apply separately for Employment Authorization. The authorization to work is now based just on being in L-2 status.

When an L-2 spouse individual enters the U.S., they must ensure that their I-94 Arrival Record noted that the status is “L2S”. If a person is in the U.S. and has applied for extension or change of status, then the Approval Notice should say “L2S”.

A person working pursuant to L-1 status is limited to working for a qualifying member of the multinational group (parent, subsidiary, sister, branch, or affiliated company) that sponsored him or her.

If the person is on a Blanket L-1, they may move between any of the group members listed on the Blanket L without further notification to the USCIS.

If the person is being transferred to an entity that is a member of the multinational group but was not listed in the Blanket L-1 petition, then the new employer must file a Form I-129 in order to change the employee’s employer.

If the employee wishes to move outside the multinational group, they will need to find an alternative work visa option.

Blanket L-1 employees have 2 ways they can extend their L-1 visa status:

• their employer can file an extension of stay with USCIS or
• the employee can apply for an Blanket L-1 visa directly at the consulate, similar to their first visa.

If filing in the US with USCIS, the employer must submit the Form I-129, all required documents and supplements as well as the Form I-129S. When approved, USCIS will issue a Form I-797, Notice of Action for the Form I-129 and a separate Form I-797, Notice of Action for the I-129S (this replaces the endorsed Form I-129S). If and when the employee needs to travel, they can apply for an L-1 visa and must present both the I-129 and I-129S approval notices.
If filing at a US Consulate, the following steps must be taken:

1. Prepare the Form I-129S (at least 3 copies) and attach the L-1 Blanket approval to each I-129S
2. Prepare documentation showing that the employee continues to qualify for either for L-1A or L-1B
3. Schedule an appointment at the U.S. Consulate (prepare all other documents/procedures needed for a visa appointment, including submission of the DS-160, Nonimmigrant Visa Application)
4. Submit any required fess
5. The employee will attend the interview and obtain an L-1 visa with the L-1 Blanket endorsement. One of the Form I-129S’s will also be endorsed by the Consulate.
6. The employee will travel to the U.S. and must present the L-1 visa along with the endorsed Form I-129S.