Guide On The United States’ L-1 Blanket Petitions

L-1 visas are non-immigrant work visas issued to US employers. They permit an American employer to transfer an alien executive or manager from an affiliated foreign office to an office in the United States.

To be eligible for the L-1 visa, an alien worker must have worked in the United States as an executive or manager or as a specialized employee for the foreign parent company, subsidiary, branch, or subsidiary of the United States company for at least one of the preceding three years.

Some foreign employers, particularly large multinational companies, frequently send their employees to the United States, either to work there or establish a new business there. There are several types of visas for this type of venture, but the L-1 is the most common.

L-1 is a type of immigrant transferee visa used by foreign executives, managers, and professional employees with specific knowledge. One of the most attractive aspects of this visa is that you can file the L-1 blanket petition.

If you are a large company with many employees, filing multiple L-1 visas for your executives, managers, or employees with specialized knowledge can be time-consuming. The L-1 blanket petition simplifies this process.

Read on to learn more about the L-1 blanket petition.

Basic info on the L-1 visa

Before we discuss the ins and outs of L-1 blanket petitions, it is important to understand L-1 visas. There are two main types of L-1 visas: L-1A visas for foreign workers in managerial or executive roles and L-1B visas for foreign workers with specific knowledge of the company’s interests and international market.

Both L-1 visas require applicants to have worked with a foreign company for at least one full year over the past three years. Applicants must also be admitted to the United States to perform the same functions in the United States as in that foreign company.

USCIS administers all L-1 petitions. The L-1 petitions are filed by the foreign company, not by the individual beneficiary. The applicant must have a qualified relationship with their US-based parent company, subsidiary, or affiliate before they can file a petition.

The L-1 visa term

The L-1 visa is a non-immigrant visa with a maximum stay of seven years for L-1A visa holders and five years for L-1B visa holders. The USCIS usually grants the L-1 for an initial three-year period and then extends the visa for two-year periods until the maximum length of stay is reached.

For companies applying for an L-1 visa to set up a new office, the initial period is one year, and the extension period is two years, provided the company meets the extension requirements set by USCIS.

Overview of the L-1 Blanket Petition

Generally, with L-1 individual visas, a company or employer has to file the L-1 petition with the USCIS each time they wish to move an employee to a branch in the US. However, under the L-1 blanket petition, an organization based in the US can petition to move several foreign employees to the US after filing a single visa petition.

This eliminates the requirement to file multiple L-1 petitions whenever a company wants to move a qualified employee to the US. The L-1 blanket petition is a streamlined application process for employees of all corporate entities or locations listed in the Blanket.

The L-1 blanket petition is based on a corporate group registration that must be filed with the US Citizenship and Immigration Services (USCIS). Under certain circumstances, it can be used for companies with a high posting rate in the US.

For example, companies that operate internationally with high posting rates to the US may be able to use the L-1 blanket petition for their employees. Unlike regular L-1 visa petitions, employees do not need to apply in advance via USCIS. Instead, they can submit the L-1 blanket petition at the employees’ home US consulate.

This means the L-1 blanket petition is a one-time application that pre-qualifies foreign companies to bring eligible employees under the L-1 visa program into the United States. This means foreign companies do not need to file individual L-1 visa applications for each employee to transfer to the US.

In other words, foreign companies can apply for an L-1 visa to transfer multiple employees at once under a single petition and on time.

Benefits of the L-1 blanket petition

Since you don’t have to file a separate petition for each of your L-1 petitions, an approved L-1 blanket petition can reduce your processing time from months to days or weeks.

That is because you can skip the waiting period while the USCIS adjudicates your petition and go straight to the final step — applying for an L-1 visa stamp at your home country’s consulate. For petitioning employers and their qualifying organizations, an L-1 blanket petition allows them to move their employees into the United States quickly.

In addition to the above, the L-1 blanket petition has several other benefits. For example, you can move your immediate family to the United States on an L-2 visa. Additionally, you and your family can apply for a green card as a beneficiary of the L-1 visa.

Eligibility for the L-1 blanket petition

The L-1 blanket petition has specific criteria that must be met by the US-based company (the applicant) and its foreign affiliates. For a company to be approved for the L-1 blanket petition, it must:

1. Have at least one year of physical presence in the United States.
2. Be doing business on US soil for at least one year.
3. Have three domestic or foreign subsidiaries at the time of filing.
4. Meet one or more of the following criteria:
5. Have a minimum US workforce of 1,000 employees.
6. Have a combined US sales of at least $25 million per year.
7. Receive approval for at least 10 separate L-1 petitions within the past 12 months.

The L-1 blanket petition beneficiaries must also meet some criteria. The foreign employee has to fulfill the same requirements as the L-1 individual applicant. For L-1B visas, you need to show that you have a job in the company that requires specialized knowledge.

If you are applying for an L-1A visa, you need to prove that you hold a managerial or executive job in the company. Specialized knowledge professionals are employees who have a unique and advanced understanding. This must relate to the company’s products and services, management and processes, and other interests.

They should be able to show how the knowledge can be applied in cross-border markets. The term executive describes an employee’s capacity to make decisions of broad discretion within the company without too much oversight from a higher authority. In other words, your role enables you to direct the company’s business or department.

As a manager, you are in charge of a department, a function, a subdivision, or a part of the company. You are responsible for overseeing and supervising the actions and responsibilities of other employees within the company.

Also, the beneficiaries of the L-1 blanket petition must have worked at the petitioning company’s foreign branch, subsidiary, or affiliate for at least one of the preceding three years.

The L-1 blanket petition process

1. Filing of form I-129S.

To begin the process, the sponsoring company must fill out form I-129S. If the non-citizen employee is out of the US and needs a visa, the sponsoring company should submit form I-129S, along with the employee’s name and address, to the US consular officer. If the employee is a Canadian citizen, they may file the form I-129S directly with CBP at the ports of entry and the pre-flight inspection location.

If the employee is in the US, the sponsoring company can file form I-129S and form I-129S at the USCIS service center following the instructions of the form I-129.

2. Support the L-1 blanket petition.

The petitioner must submit supporting documents to prove the requirements have been met. The USCIS takes blanket petitions seriously, so employers should provide complete documentation. The USCIS may issue an RFE to request additional information.

An RFE is issued when USCIS believes the petitioner has not met all the requirements. You should speak with an immigration lawyer to learn what is needed to support your petition. For non-English documents, you need to include a complete English translation, which the translator must certify.

The purpose of this certification is to confirm the accuracy and completeness of the translation. It also needs to state whether the translator can translate the foreign language into English.

3. The approval.

If the L-1 blanket petition is approved, the USCIS will notify you by issuing an I-797 approval notice. The notice will state the length of time for which the approval is valid. Then, you will need to fill out an I-129 and send it to the foreign employee. You will need to include a copy of your L-1 blanket petition approval notice with your I-129 and other relevant documentation.

Petitioners must also compile their HR and personnel files. These files must include the employee’s role and duties as well as training and development activities. They should also include travel and other branch and country information that supports the employee’s eligibility.

Beneficiary employees must submit all of these documents to the consular officer when applying for the L-1 visa for travel to the United States.

4. The interview.

After the US company receives an I-797 approval notice, the transferring employee must schedule a visa interview and bring the L-1 blanket petition approval notice to the interview. USCIS may ask employees to provide their biometric information to verify identity and/or update background and security checks.

Wait times for visa interviews vary depending on location and season. Once the visa is reviewed and approved, it is directly stamped on the employee’s passport and returned to the employee’s home address (within one week).

The interview questions will focus on general topics. This is to verify that the applicant is a full-time employee. The questions will also ask if the employee has completed the minimum length of employment. The questions will ask if the employee’s role is eligible for the L-1 visa and if the employee will receive the prevailing wage rate.

Get help!

The L-1 visa process is not always easy, whether you are filing a blanket petition or filing for an individual employee. That is why you must seek professional legal advice so you don’t have to worry about being denied. With the help of an experienced immigration lawyer, you will have a better chance of having your L-1 petition approved by the USCIS.

At Gehi and Associates, we have a team of experienced immigration lawyers with a proven history of assisting organizations and their employees with their L-1 blanket petitions. We can guide you through every step of the process, helping you maximize your visa stay and become a successful green card holder.

If you have received a denial notice or are in the process of processing the L-1 blanket petition, we are here to help. Schedule an appointment with us today!