L-1 Blanket Visa

It is easier to understand the purpose and benefit of an L-1 blanket visa with a complete understanding of L-1 visas in general. The L-1 visa program allows companies to transfer foreign workers to US-based offices, branches, or subsidiaries under certain circumstances. These workers must have certain skills or leadership roles within the company, and the U.S. Citizenship and Immigration Services (USCIS) only issues L-1 visas to managers, executives, or knowledgeable workers. These workers may be challenging or time-consuming to locate and hire within the United States.

In most cases, L-1 visas help foreign companies that have existing branches in the United States. However, an L-1 visa can also help a foreign company send a manager or executive into the United States to set up a new branch or subsidiary – even if the company has zero presence in the United States at the time of its L-1 visa application. Finally, an American company can also use an L-1 visa to bring a foreign worker into the United States from an office in a different country.

There are two different types of L-1 (intracompany transferee) visas: The L-1A and the L-1B. The L-1A is for managers and executives, while the L-1-B is for knowledgeable workers. While there are slightly different requirements associated with each, both visas essentially perform the same function.

Although the L-1 visas offer numerous advantages for companies establishing and maintaining their presence in the United States, it can be time-consuming and complex to file a new Petition for a Nonimmigrant Worker (Form I-129) for each employee sent Stateside. This may be especially problematic for companies planning to send hundreds or even thousands of workers to the United States to expand new subsidiaries – including skilled technicians, analysts, executives, and managers who understand exactly how the company operates.

Recognizing this potential issue, USCIS gives companies the option to file L-1 blanket petitions. If USCIS approves this petition, companies can transfer certain workers to US-based offices without filing individual L-1 petitions. Not only does this allow the company to immediately staff an existing subsidiary with the necessary workers, but it also allows them to expand as needed with a steady supply of new workers. After an approved blanket petition, a foreign company can also transfer numerous employees to the United States at one time without waiting for official approval from USCIS.

While there are still a few steps to carry out after the approval of a blanket petition, the employer only needs to print and complete Form I-129S for each transferred employee. This form is also known as the “Nonimmigrant Petition Based on Blanket L Petition.” After also providing the employee with a copy of the blanket petition Approval Notice, the employer is free to send the worker to the United States for their new assignment.

Once they arrive Stateside, they will need to present these two documents (the Approval Notice and Form I-129S) to a consular officer. Note that the consular officer will closely examine these documents in order to determine whether the worker is eligible for an L-1 visa. Although the blanket petition can help streamline the transfer of employees, it does not guarantee their approval. Perhaps most notably, it does not allow you to send employees who are not eligible to receive L-1 visas – namely those who are not executives, managers, or knowledgeable workers. This is why it is important to understand the details of L-1B and L-1A visas before you consider L-1 blanket petitions.

While it may take several months to hear back about your L-1 blanket petition, you can streamline this process by paying an additional fee of $2,500 to USCIS. This will provide you with Premium Processing, ensuring a decision within 15 days.

After obtaining an approved L-1 blanket visa petition, you must provide your worker with a completed Form I-129S and a copy of your Approval Notice. Your employee may need to prepare themselves for a consular interview upon arrival in the United States. Some interviews can be strict and in-depth, while others are relatively routine.

Perhaps most importantly, your employee may need to provide supporting documentation that proves they meet the definition of a manager, executive, or knowledgeable worker. Note that knowledgeable workers must have at least one year of experience working abroad for a subsidiary or branch. They must also prove that their expertise applies specifically to international markets.

The nature of this interview may depend on the national origin of the employee. Some nationalities are viewed with more diligence than others, including Chinese, Russians, or Iranians. If a country has a high number of L-1 applications within a fiscal year, consular officers may be more strict towards workers from this nation.

All Canadians are exempt from L-1 visa requirements due to existing treaties with the United States. However, they may still fill out Form I-129S and provide supporting documentation to Customs and Border Protection Officers if they wish to gain L-1 status. This may be advantageous in some situations, especially if the Canadian worker wishes to use their L-1 status as a pathway to permanent residency or citizenship in the future.