1. What is an L-1 Blanket Petition?
An L-1 Blanket Petition is a type of petition submitted to the U.S. Citizenship and Immigration Services (USCIS) which permits a company to transfer multiple employees from an overseas branch or affiliate to its U.S. operations. It is a special type of visa that allows companies to quickly and easily transfer their foreign employees to the United States for up to three years without having to file individual petitions for each employee. The L-1 Blanket Petition is available for businesses that have multiple foreign locations and need to frequently transfer employees from one location to another.
2. What is the purpose of an L-1 Blanket Petition?
An L-1 Blanket Petition is a method used by employers to streamline the visa application process for multinational companies. It allows employers to send multiple employees from the same company to the U.S. in a single application. The petition simplifies the visa application process for employers by providing an efficient means of submitting multiple applications at once, without having to file individual applications for each applicant. This type of visa is commonly used for intracompany transfers, allowing managers, executives, or specialized knowledge workers to work in the U.S. for a branch, affiliate, or parent company of their foreign employer.
3. What are the eligibility criteria for an L-1 Blanket Petition?
The eligibility criteria for an L-1 Blanket Petition include:
* An employer must have an office in the U.S. and at least one foreign office that has been doing business for at least one year.
* The employer must have three or more domestic and foreign branches, subsidiaries, or affiliates.
* The employer must have obtained at least ten L-1 nonimmigrant visas in the previous year or has U.S. subsidiaries with combined annual sales of at least $25 million.
* The employer must be able to demonstrate that the intracompany transferees will be employed in executive, managerial, or specialized knowledge positions.
4. How long is an L-1 Blanket Petition valid for?
An L-1 Blanket Petition is valid for three years.
5. Is there a limit on the number of employees that can be transferred to the U.S. under an L-1 Blanket Petition?
Yes, there is a limit on the number of employees that can be transferred to the U.S. under an L-1 Blanket Petition. The maximum number is seven employees per year, with no more than five of the seven being initial L-1 admissions.
6. Is there a fee associated with filing an L-1 Blanket Petition?
Yes, there is a filing fee associated with filing an L-1 Blanket Petition. The filing fee for an L-1 Blanket Petition is $10,500.
7. What documents must be submitted with an L-1 Blanket Petition?
The documents that must be submitted with an L-1 Blanket Petition include:
• Documents outlining the nature of the company and its purpose;
• Evidence of the company’s international operations, such as an up-to-date list of overseas offices, products and services;
• Evidence of the company’s qualifications for a blanket petition, such as evidence of two-year foreign operation and number of employees;
• A description of the jobs and duties that will be performed by the foreign nationals;
• A detailed description of the company’s relationship with its U.S. and overseas offices;
• Copies of any existing or proposed labor contracts;
• Evidence of a legitimate business purpose for the petition;
• Supporting evidence for each individual, including resumes or CVs, job descriptions, educational diplomas and transcripts, and any other documents that demonstrate skills and experience; and
• Financial information about the business.
8. How long does it take to process an L-1 Blanket Petition?
The processing time for an L-1 Blanket Petition varies depending on the U.S. Citizenship and Immigration Services (USCIS) service center. Generally, the processing time for these petitions is between two and four months.
9. How often must an L-1 Blanket Petition be renewed?
The L-1 Blanket Petition must be renewed every three years.
10. Can employees who have been transferred to the US under an L-1 Blanket Petition apply for permanent residency?
Yes. Employees transferred to the US under an L-1 Blanket Petition may be eligible to apply for permanent residency, depending on their individual circumstances and qualifications.
11. Are there any restrictions on the types of activities that employees transferred to the US under an L-1 Blanket Petition can engage in?
Yes. Employees transferred to the US under an L-1 blanket petition must still be engaging in activities that fall within the requirements of the L-1 visa category, which includes activities related to the company’s core business, such as managing or directing a part of the organization, providing specialized knowledge of company services or products, or working in a specialized role. Furthermore, the employee must remain employed by the same company that filed the blanket petition.
12. Are there any conditions that must be met in order to qualify for an L-1 Blanket Petition?
Yes, to qualify for an L-1 Blanket Petition employers must meet the following requirements:
# Be a U.S. employer with an office in the United States
# Have an existing qualifying relationship with an overseas affiliated entity
# Have 3 or more domestic and foreign branches, subsidiaries, and affiliates
# Have obtained at least 10 L-1 Visas in the past 12 months, or have US$25 million in annual sales, or have a US workforce of at least 1,000 employees
13. What is the maximum amount of time that a person can stay in the US under an L-1 Blanket Petition?
The maximum amount of time a person can stay in the US under an L-1 Blanket Petition is five years. After five years, the person must reapply for the L-1 Blanket Petition.
14. Are there any restrictions on how often an employee on an L-1 Blanket Petition can travel outside the US?
There are no specific restrictions on how often an employee on an L-1 Blanket Petition can travel outside of the US. However, employees should be aware that if they are outside of the US for an extended period of time, it may adversely impact their ability to remain in the US in L-1 status.
15. Can a person who is already working in the US apply for an L-1 Blanket Petition?
Yes, a person who is already working in the US can apply for an L-1 Blanket Petition. However, the person must meet certain eligibility requirements in order to be approved for the Blanket Petition. These requirements include having a minimum of three foreign offices, having combined US and foreign sales of at least $25 million, and having at least 1,000 employees in the US and abroad.
16. Are there any restrictions on who can qualify for an L-1 Blanket Petition?
Yes, there are restrictions on who can qualify for an L-1 Blanket Petition. To qualify for an L-1 Blanket Petition, the petitioning employer must:
• Have an office in the U.S.;
• Have been doing business in the U.S. for at least one year;
• Employ at least three or more U.S. workers; and
• Have a minimum of ten L-1 employees in the U.S., each with at least one year of experience with the petitioning employer abroad.
17. Are there any associated costs with filing for an L-1 Blanket Petition?
Yes, there are filing fees associated with filing for an L-1 Blanket Petition. The filing fee for a L-1 Blanket Petition is currently $475. In addition, employers may incur additional costs for legal representation and other necessary services when filing for an L-1 Blanket Petition.
18. Does filing for an L-1 Blanket Petition guarantee approval of the petition?
No, filing for an L-1 Blanket Petition does not guarantee approval of the petition. The petition will still need to meet all the requirements of U.S. immigration law in order for it to be approved.
19. What is the required minimum salary for employees transferred to the U.S. under a blanket petition?
The required wage for employees transferred to the U.S. under a blanket petition depends on the position and the prevailing wage found in the Department of Labor’s Occupational Employment Statistics (OES) database. Generally, the prevailing wage must be equal to or greater than the 17th percentile of wages for the occupation and geographic area.
20. Can a person on an existing L-1 Blanket Petition change his or her position or purpose of stay while in the US?
Yes, a person on an existing L-1 Blanket Petition can change his or her position or purpose of stay while in the US. However, they must seek approval from USCIS before making any changes.