MurthyDotCom : INS Instructions on Blanket L1 Cases

INS Instructions on Blanket L1 Cases
Posted Mar 03, 2001

Many readers of the MurthyBulletin may be familiar with the L1 nonimmigrant visa category, which is utilized to transfer executives, managers and certain types of specialized employees to an American office or Headquarters of a multinational company. We provide a description of the L1 category and links to relevant updates. However, the blanket L1 is less widely known because large companies need to meet certain criteria to qualify for the blanket procedure.

For companies that need to transfer executive, managerial or specialized knowledge personnel to the U.S. frequently, the blanket L1 option streamlines the process.

Recently, Thomas Cook, Acting Assistant Commissioner for Adjudications at INS, issued a Memorandum outlining the blanket L1 process. Though the purpose of the Memo was to provide guidance to INS Inspectors who process applicants for admission at the various Ports of Entry, it contains information that may be useful for our readers as well.

The Memo begins by pointing out that the blanket L1 process involves both the INS and the U.S. Department of State, and these agencies must coordinate closely with each other. After the INS Service Center approves a blanket L1 petition, the company can then provide the necessary paperwork to the beneficiary who applies for a visa at the Consulate and then arrives at the U.S. Port of Entry.

Basic Criteria for the Blanket L1

A company is eligible for a blanket L1 if the following conditions are met:

a) The petitioning company and all the related entities mentioned in the petition are in the business of commercial trade or providing services;

b) The petitioner has an office in the U.S. which has been doing business for at least one year;

c) There are at least three branches, subsidiaries or affiliates, counting both U.S. and foreign offices;

d) That all the companies / entities listed on the petition qualify under the L1 rules as related entities

and

e) the company or group of companies must also meet one of the following criteria:

i) received approval of at least ten L1 beneficiaries during the prior year;
ii) have combined sales of $25 million or more at its U.S. subsidiaries or affiliates; or
iii) have at least 1,000 employees in the U.S.

Filing the Blanket L1 Petition with the INS Service Center

The company files the Form I-129 and all related paperwork with the INS Service Center for an L1 blanket petition. When the INS approves a blanket L1, the companies and branch offices listed are now pre-qualified to transfer L1 employees. Evidence that the beneficiary meets the definition of executive, managerial or specialized knowledge would be shown at the time the beneficiary applies for the visa, as described below.

Duration of Approval

The blanket petition approval is valid for three years. Prior to the expiration date, the petitioning company is required to apply for an indefinite extension. If the extension is not filed, or if it is denied, the petitioner must wait three years before it can file another blanket petition.

Transferring the Employee to the U.S.

For each person that it wishes to bring over, the company completes additional forms and information to be given to the overseas employee, with a copy of the blanket L1 approval notice attached. The employee must also show evidence of prior experience with the related company overseas in a managerial, executive or specialized knowledge capacity. Also, it is necessary to show that the job offered in the U.S. also meets the definition of executive, managerial or specialized knowledge, as defined below. The person then applies for a visa at the Consulate. For persons who are visa-exempt, such as Canadians, the information is presented at the Port of Entry rather than at a Consulate.

L1 Job Definitions

While the definitions are actually quite complicated, we provide a brief description below of the three qualifying types of L1 jobs.

An executive directs the management of the company or of a major part and has authority to set policies and goals, as well as broad discretion to make major decisions.

A manager manages the organization or a part thereof; supervises professionals or other managers, or manages an important function; and has authority over day-to-day operations.

A specialized knowledge employee has special knowledge of the company, particularly its products / services or its processes and procedures, and this knowledge must be needed to perform the job in the U.S. This is not the same as an H1B "specialty occupation." Rather, the person must have essential knowledge of the company and its role in foreign markets, i.e. knowledge which could only have been gained through experience with a related company.

In general, a specialized knowledge L1 does not need to be a degreed professional. However, a specialized knowledge employee who is not a professional must have an individual L1 petition approval, not a blanket approval. The blanket procedure can only be utilized for those specialized knowledge persons who are professionals with a degree.

Admission Procedure

When the visa is issued, the Consular Officer also places an endorsement on the paperwork for the L1 visa applicant. Upon arrival in the U.S., the employee shows the visa and the endorsed form of the consular officer. The L1 employee is admitted to the U.S. for a three-year period, even if the petition approval is due to expire before three years. However, the petition approval must be valid (NOT expired) at the time the person is admitted.

Posted Mar 03, 2001