MurthyDotCom : U.S. Immigration Law


	Overview : Blanket L-1 Petitions Posted Apr 12, 2002; updated Aug 24, 2005 ©MurthyDotCom 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. ©MurthyDotCom 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. ©MurthyDotCom 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. ©MurthyDotCom PETITIONER QUALIFICATIONS ©MurthyDotCom In order to be eligible for the blanket procedure, the Petitioning employer must meet these requirements: ©MurthyDotCom A. Be engaged in commercial trade or services; ©MurthyDotCom B. Have an office in the U.S. that has been doing business for at least one year; ©MurthyDotCom C. Have 3 or more domestic and foreign branches, subsidiaries, or affiliates; and ©MurthyDotCom 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. ©MurthyDotCom 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. ©MurthyDotCom BENEFICIARY QUALIFICATIONS ©MurthyDotCom 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. ©MurthyDotCom PROCEDURE ©MurthyDotCom A. The petitioner files the blanket petition with the Service Center. The petition is initially approved for 3 years and may be extended indefinitely. ©MurthyDotCom 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 ©MurthyDotCom Processing Times ©MurthyDotCom The blanket L petition can initially take time to prepare and submit to INS. 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 INS 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. ©MurthyDotCom Qualifying Corporate Relationship ©MurthyDotCom 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. ©MurthyDotCom Corporate Merger / Ownership Change / Transfer to Another U.S. Organization Under the Petition ©MurthyDotCom 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.” ©MurthyDotCom Appeals ©MurthyDotCom Usually, blanket L employees file paperwork with the Consulate only. Note that Consular decisions are not appealable. In contrast, for individual L beneficiaries the INS adjudicates the petition. An INS petition denial can be appealed. ©MurthyDotCom Extensions ©MurthyDotCom 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 INS 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. ©MurthyDotCom Spouses ©MurthyDotCom 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. ©MurthyDotCom 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. © The Law Office of Sheela Murthy, P.C.
	Disclaimer : The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Sheela Murthy or establish an attorney-client relationship. Copyright : Documents from this site may be printed as long as the copyright notices are included on the print-outs and the documents are not modified or altered.