When a global company expands into the United States, it often brings managers or key employees from its offices abroad to maintain continuity and align operations. These transfers take place within the framework of U.S. immigration law and require formal approval. When companies relocate employees frequently, repeating the same petition process can slow business operations. U.S. immigration regulations include a blanket L petition process for certain qualifying organizations. But before looking at the blanket process, it is important to understand what the L-1 visa covers.
What is the L-1 visa?
The L-1 visa is a U.S. non-immigrant visa classification for intracompany transfers. It allows a multinational company to temporarily move certain employees from one of its related foreign offices to work at a U.S. office. The L-1 classification applies to intracompany transferees who serve in executive, managerial, or specialized knowledge roles.
Under this classification, there are two subcategories:
- L-1A: for employees who will work in a managerial or executive role in the United States.
- L-1B: for employees who have specialized knowledge relating to the company’s products, services, processes, or procedures.
To qualify, the employee generally must have worked for the multinational company outside the United States for at least one continuous year within the three years before the transfer.
Under the standard individual petition process, if the employee is outside the United States when the petition is approved, they apply for an L-1 visa at a U.S. consulate or embassy before entering the United States. A spouse or unmarried child under age 21 may apply for an L-2 visa to accompany the L-1 visa holder.
What is a blanket L-1 petition?
A blanket L-1 petition is a process that allows certain qualifying multinational organizations to obtain advance approval from U.S. Citizenship and Immigration Services (USCIS) for intracompany transfers. Instead of filing a separate full L-1 petition for each employee, the company first seeks approval of the organization itself under the blanket provisions.
If USCIS approves the blanket petition, the organization may then classify eligible employees under that approval. For employees applying outside the United States, the employer completes Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, to confirm that the employee qualifies under the approved blanket petition.
The completed Form I-129S and supporting documentation are presented during the visa application process at a U.S. embassy or consulate. A consular officer reviews the documentation and determines whether the employee qualifies under the blanket approval.
Approval of a blanket petition does not guarantee L-1 classification for any employee. Each employee must independently qualify under the L-1A or L-1B classification and meet the required period of prior employment abroad.
Which companies qualify for a blanket L-1 petition?
Under U.S. immigration regulations, certain organizations may establish the required intracompany relationship in advance by filing a blanket petition. To qualify, the petitioner must show:
- The petitioner and each qualifying organization are engaged in commercial trade or services.
- The petitioner has a U.S. office that has been doing business for at least one year.
- The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates.
In addition, the petitioner and its qualifying organizations must meet at least one of the following:
- At least 10 L-1 approvals during the previous 12 months;
- U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
- A U.S. workforce of at least 1,000 employees.
Approval of a blanket petition does not guarantee L-1 classification for any employee.
How the blanket L-1 process works
Once a company receives blanket approval, it may classify eligible employees under that approval, often using Form I-129S instead of filing a separate full petition for each transfer abroad.
When the company intends to transfer an employee, it completes Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. This form confirms that the employee qualifies under the approved blanket petition.
If the employee is outside the United States and requires a visa, the completed Form I-129S and supporting documentation are presented during the L-1 visa application at a U.S. embassy or consulate. A consular officer reviews the documentation and determines whether the employee qualifies under the blanket approval.
If the employee is approved and issued an L-1 visa, they may travel to the United States and seek admission in L-1 status.
Canadian citizens and visa-exempt applicants
Canadian citizens are generally exempt from the L-1 visa requirement. Instead of applying for a visa at a U.S. consulate, they may present Form I-129S and supporting documentation directly to a U.S. Customs and Border Protection officer at certain ports of entry or pre-clearance locations in Canada.
In some cases, an employer may choose to file Form I-129S with U.S. Citizenship and Immigration Services instead of submitting the documentation directly at the port of entry.
Sources:
- 8 Code of Federal Regulations (CFR) § 214.2(l). https://www.ecfr.gov/current/title-8/section-214.2
- USCIS. https://www.uscis.gov/i-129
- USCIS. https://www.uscis.gov/i-129s
- U.S. Department of State – Foreign Affairs Manual (FAM) 9 FAM 402.12. https://fam.state.gov/fam/09FAM/09FAM040212.html
- U.S. Customs and Border Protection (CBP). https://www.cbp.gov