Hammond & Associates
Attorneys at Law

"Serving the Global Immigration Needs of Business"

L-1 BLANKET PETITION PROGRAMS

General Requirements

If a company transfers more than ten employees between foreign offices and an U.S. branch, subsidiary or affiliate, it can qualify for a L-1 blanket program. In order to qualify for a L-1 blanket program, a company must show that:

The main benefit of a L-1 blanket program is that once the qualifying companies are approved, the first step in obtaining a L-1 visa is eliminated for all future petitions under the blanket program. This saves the qualifying company from having to compile the necessary information on its own qualifications and requesting the INS' approval of these qualifications for individual employees can transfer to the U.S.

Foreign nationals who have specialized knowledge cannot be counted in determining whether the company had enough transfers during the prior year to qualify for a blanket petition program. Nor can these foreign nationals be transferred under the L-1 blanket program.

How to File

The company can qualify for an L-1 blanket petition program using the Immigration and Naturalization Service ("INS") Form I-129 and "L" Supplement, the same forms used for individual L-1 petitions. To see or download copies of these forms, click here. The petition is adjudicated at the INS Service Center that has jurisdiction over the location of the U.S. company, which then retains the petition for its records. The blanket petition must include the names of all qualifying companies that will participate in the program, as well as evidence that each company qualifies for the program. For information on the INS Service Centers, click here.

Once a blanket petition is approved, the petitioning company issues its own "certificates of eligibility" to the foreign national employees it wishes to transfer to the United States using INS Form I-129S. The foreign national then takes this certificate of eligibility, along with the necessary supporting documentation, to a U.S. Consulate which will issue the L-1 visa. If a foreign national is denied entry to the U.S. under a L-1 blanket petition program, the employer may still file an individual L-1 petition with the INS.

If the foreign national is already in the United States, the petitioning company files the INS Form I-129 and "L" Supplement to request a change in the foreign national's current immigration status. Foreign nationals who are visa-exempt do not seek visas at U.S. Consulate. Instead, the employer submits the certificate of eligibility, a copy of the blanket petition approval notice, and all necessary supporting documentation to the INS Service Center with which the original blanket petition was filed. The INS Service Center then determines whether the foreign national qualifies for a L-1 visa and endorses a Form I-129S. The endorsed Form I-129S then acts as the foreign national's entry documentation.

A blanket petition approval is valid for three years. Foreign nationals admitted under a blanket petition approval will be granted a full three-year period of stay, even if only a portion of the initial period of validity on the blanket petition remains. A blanket petition may be extended indefinitely after the first three years. However, if an employer fails to request an indefinite extension of the blanket petition, or an indefinite extension is denied, the employer must wait three years before applying for another blanket petition program. The employer may, however, still file individual L-1 petitions during this three year waiting period. In addition, if a blanket petition is not extended by the INS, a foreign national's period of authorized stay ends with the blanket program. In this situation, the petitioning employer must file an individual L-1 petition for the foreign national and seek an extension of the foreign national's stay.


Copyright © Hammond & Associates Attorneys at Law 1999 - 2001. All rights reserved.
Webmaster: P. Robert Thompson, Esq.
Webmaster Email: Webmaster@hammondlawfirm.com