Guide to the Blanket L-1 Visa Petition
An L-1 Intracompany Transferee Visa is a nonimmigrant employment-based classification which allows U.S-based employers to transfer foreign professional employees from foreign offices to the United States. For employers who frequently rely on the L-1 visa to transfer foreign employers, it may make sense to submit a blanket L-1 visa petition to make the process easier. The blanket L-1 visa petition allows an organization to submit a single “blanket” petition instead of submitting L-1 intracompany transferee visas separately for each employee, potentially saving processing time and hassle for the company. By getting an L-1 visa blanket petition, L-1 employees are eligible to apply for their L1 visa directly at the consulate without having to get their I-129 approved first. This allows organizations to petition to bring foreign employees to the United States quickly and on short notice.
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Eligibility for Blanket L-1 Visa Petition
A organization may be eligible for the L-1 visa blanket petition if all of the following requirements are met:
· The petitioner and each of the qualifying entities are engaged in commercial trade or services;
· the U.S.-based petitioner has an office which has been engaging in business for one year or more;
· the petitioner has a minimum of three domestic and foreign branches, affiliates, or subsidiaries; and
Additionally, the organization and its qualifying foreign entities must meet at least one of the following three requirements:
· Successfully obtained at least 10 L-1 petition approvals in the previous 12-month period
· Have U.S. affiliates or subsidiaries with at least $25 million annual sales; or
· Have a U.S. workforce of more than 1,000 employees.
Notably, the Blanket Petition is meant to serve only relatively large, established companies, and will exclude small and nonprofit organizations.
How to file a Blanket L-1 Visa Petition
L-1 visa blanket petitions are filed using the I-129S, Nonimmigrant Petition Based on Blanket L Petition. The petitioner must be prepared to provide documentation showing that it meets the above requirements to file an L-1 visa blanket petition, including the relationship between the different entities included in the petition. If the USCIS approves the L-1 visa blanket petition, it is usually valid for three years with an option to extend. After approval, the employer will need to complete an I-129S, Nonimmigrant Petition Based on Blanket L Petition and forward it to the foreign employee along with a copy of the L-1 visa blanket petition approval notice and related documents. The foreign employee will have to present these documents to a consular officer when applying for an L-1 visa to travel to the U.S.
Common Reasons for Blanket L-1 Visa RFEs and Denials
While the L-1 visa blanket petition saves an organization time and inconvenience, it is still up to the foreign employees to prove that they qualify for an L-1 visa at the consular office and prove to the Custom and Border Protection officer that they are eligible and admissible at the port of entry.
Like traditional L-1 visas, L-1 blanket visas can be denied for a number of reasons, including:
· Not filing the correct documents and forms or filing them improperly
· Not meeting the eligibility criteria
· The failure of the employer to present evidence of feasible and convincing business growth
· Non-matching duties and job titles
· Not meeting the requirements for a specialized job position (for an L-1B) or for an executive or managerial position (for the L-1A)
While a denial of a regular L-1 visa petition may be appealed, consular denials of L-1 visa blanket applications are not reviewable, however, the petitioner can then file an individual L-1 petition with USCIS.
The L1 visa is highly complex and, in recent years, USCIS has become much stricter regarding L1 visas, based on widespread abuse. In order to give yourself the best chance of getting your L1 visa blanket visa approved,consult with an experienced immigration lawyer at Xu Law Group as early as possible.
For a more in-depth analysis of the L-1 visa, read this Ultimate Guide to L-1 Visa.