L1 Blanket
Unlike the regular L1 visas, companies who can benefit from filing L1 blanket certification can actually bring their foreign employees in a more flexible and faster way to the United States. However, the process of L1 blanket requires that the company is pre-qualified (certified for L1 blanket) to be able to file such visas. Note that the company can still go through the regular L1 process and the certification is only an easier way to bring a large number of foreign employees. The L1 blanket actually gives a comparative advantage in term of labor mobility.
In order to be eligible for blanket L certification the company petitioner has to show the following:
• The petitioner and each of the qualifying organizations are engaged in commercial trade or services;
• The petitioner has an office in the United States which has been doing business for one year or more;
• The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and
• The petitioner along with the other qualifying organizations meet one of the following criteria:
• Have obtained at least 10 L-1 approvals during the previous 12-month period;
• Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or
• Have a U.S. work force of at least 1,000 employees.
The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.
What does the employee need to be approved?
Although the L1 certification the employee still have to meet the regular requirements of the L1 in order to qualify. As such the requirement of having worked for the foreign company for 1 year in the past 3 years is still required. For L1A candidates, they have to prove they were in a managerial or executive capacity. As for L1B, the employee has to demonstrate he/she has met the requirement of a US bachelor or US equivalent of a bachelor’s degree.
Where an L-1 visa is required
In most cases, once the blanket petition has been approved, the employer need only complete Form, I-129S,Nonimmigrant Petition Based on Blanket L Petition and send it to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer in connection with an application for an L-1 visa.
Canadians with an approved blanket petition seeking L-1 classification
Canadian citizens, who are exempt from the L-1 visa requirement (L1 blanket candidate), may present the completed Form I-129S and supporting documentation to a U.S. Customs and Border Protection (CBP) Officer at certain ports-of-entry on the United States-Canada land border or at a United States pre-clearance/pre-flight inspection station in Canada, in connection with an application for admission to the United States in L-1 status.
Optional filing of Form I-129S with USCIS
If the prospective L-1 employee is visa-exempt, the employer may file the Form I-129S and supporting documentation with the USCIS Service Center that approved the blanket petition, instead of submitting the form and supporting documentation directly with CBP.
The L1 blanket is very tempting for many companies, however unfortunately many companies do not fall into the categories of those who can be L1 blanket certified. As such the regular L1 approach might still be available. Alternatively, there might be other options available. It is important to speak to an experienced L1 immigration lawyer, in order to assess or handle your case. Our law firm has processed and presently processing many L1, H1 and EB1c. Feel free to contact us at 510 7425887.
