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Overview : Blanket L-1 Petitions
Posted
Apr 12, 2002; updated Jul 07, 2008
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Continuing with our overview of the L-1 category for the benefit of MurthyBulletin
and MurthyDotCom readers, we now present core aspects of the
"blanket" L-1 petition. An article on L-1s, entitled
Overview
of L-1 Visa Category, is available on MurthyDotCom.
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The "blanket" L-1 is so called because it enables a petitioning
multinational corporation to transfer managers, executives, and
specialized-knowledge professionals to the U.S. on work assignments under a
single, "blanket" petition. Thus, it eliminates the need to separately
petition for each individual whom the company desires to bring to the U.S.
The L-1 employee must have worked for the company abroad for one continuous
year out of the preceding three years. The work must have been performed in
the three years immediately preceding entry to the United States. This
requirement had been reduced to six months in 2001, but was returned to one
year in 2005. Those individuals on L-1s based upon the six-month requirement
will be able to extend their status for the allowed 5- or 7-year period, but
all new L-1s will need to meet the one-year requirement for work abroad.
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Blanket petitions are essentially available only to larger corporations. All
others must use the individual petition. The blanket petition is initially
valid for a 3-year period and can then be extended. Employees are admitted
for the same periods as for regular L-1s, with extensions possible up to the
maximum allowable time periods. These time periods are the same as with the
individual L: a seven-year maximum for managers and executives and a
five-year maximum for specialized knowledge.
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PETITIONER QUALIFICATIONS
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In order to be eligible for the blanket procedure, the Petitioning employer
must meet these requirements:
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A. Be engaged in commercial trade or
services;
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B. Have an office in the U.S. that has
been doing business for at least one year;
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C. Have 3 or more domestic and foreign
branches, subsidiaries, or affiliates; and
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D. Have done at least 1 of the
following: (a) obtained approval of petitions for at least 10 “L”
beneficiaries during the previous 12 months, (b) have a combined U.S. annual
sales of $25 million, or (c) have a U.S. workforce of 1,000 employees.
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In addition, the petitioner must provide proof that all the corporate
entities listed in the petition are ‘qualifying organizations,’ namely
that they are connected to each other through the required parent, branch,
affiliate, or subsidiary relationships.
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BENEFICIARY QUALIFICATIONS
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As with the individual L petition, the beneficiaries (employees) must be
executives, managers, or possess "specialized knowledge" regarding
the company. These terms have very specific meanings and limitations, as was
discussed in Overview of L-1 Visa Category.
Specialized knowledge for individual petitions is defined as including
persons who "have special knowledge of the company product and its
application in international markets or has an advanced level of knowledge
of processes and procedures of the company." For a blanket petition,
the individual must both meet this definition and be a professional. The
term "professional" is defined in immigration law to include, but
is not limited to: architects, engineers, lawyers, physicians, surgeons, and
teachers in elementary school or above. This limitation does not exist in
the individual L category. This requirement is important for companies
considering use of the blanket procedure in order to bring
specialized-knowledge individuals to the U.S.
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PROCEDURE
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A.
The petitioner files the blanket petition with the Service Center.
The petition is initially approved for 3 years and may be extended
indefinitely.
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B.
Once the petition is approved, further forms must be sent to the
beneficiary in order to obtain the L-1 visa at the consulate abroad. Note
that the beneficiary must prove to the consulate that s/he is either a
manager / executive or a specialized-knowledge professional. In order to
obtain the blanket L-1 visa the beneficiary must also show proof of the
following:
-
The
blanket petition has been approved; and
-
The
beneficiary is being transferred from one listed blanket entity to
another; and
-
The
beneficiary has been employed abroad with a listed blanket organization
for at least six months in the three years before the transfer to the
U.S.
FACTORS
TO CONSIDER
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Processing Times
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The blanket L petition can initially take time to prepare and submit to the
USCIS.
However, once approved, it enables the petitioning corporation to transfer
to the U.S. executive, managerial, and specialized-knowledge professionals
on a relatively expedited basis. The intending L-1 transferee merely submits
the USCIS form and supporting documentation to the consulate and may be able
to enter the U.S. a week or so after applying to the consulate for a visa,
depending on the processing times of the particular consulate.
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Qualifying Corporate Relationship
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The blanket program establishes a qualifying relationship between the U.S.
and foreign entities. Once this relationship has been proven, there is no
need for the individual beneficiary to prove that relationship when applying
to the consulate for a visa. The beneficiary need only prove his/her
eligibility for an L-1 visa. This is in contrast to the L-1 individual
process, whereby the beneficiary must show the qualifying corporate
relationship, if requested, at the time of applying for a visa.
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Corporate Merger / Ownership Change
/ Transfer to Another U.S. Organization Under the Petition
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With the blanket program, a new / amended petition may not be required when
the ownership of the firm changes or there is a merger. The beneficiary is
also able to transfer to any other U.S. organization listed on the approved
petition without filing an amendment with the INS as long as the duties
remain “virtually the same.”
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Appeals
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Usually, blanket L employees
file paperwork with the Consulate only. Note that Consular decisions are not
appealable. In contrast, for individual L beneficiaries the USCIS adjudicates
the petition. An USCIS petition denial can be appealed.
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Extensions
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There are two procedural options for extending the stay under a blanket L-1.
The first is to have the L beneficiary travel abroad and apply for a new
visa at the U.S. consulate. This is not technically an extension but rather
a fresh application by the beneficiary for admission into the U.S. This
method is advantageous because processing by the consulate is usually
relatively speedy. The second method involves filing with the USCIS service
center having jurisdiction over the blanket petition. The petitioner files
Form I-129S, copy of the previously endorsed Form I-129S plus Form I-129,
the L supplement, and filing fee with the service center plus supporting
documentation. Note that it is possible to file an extension of stay for the
beneficiary as long as the blanket petition remains valid and un-expired.
This includes a situation where the blanket petition extension or amendment
is pending.
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Spouses
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The spouse of an L-1 visa holder is entitled to L-2 status that now permits
one to apply for authorization to work in the U.S. This rule applies to
blanket ‘L’ petitions as well as individual ‘L’ petitions.
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In sum, the blanket petition is a useful tool for multinational corporations
who wish to transfer their employees from abroad for assignments in the U.S.
It can ultimately expedite and facilitate the movement of managers,
executives, and specialized-knowledge professionals by avoiding the need to
file separate petitions and establish the ‘qualifying relationship’
between the U.S. and foreign entities each time the corporation seeks to
transfer an employee to the U.S.
Copyright © 2008, MURTHY LAW
FIRM. All Rights Reserved
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