L-1 Individual vs. Blanket Petition
When transferring an employee to a U.S. branch with an L-1 individual Visa, the employer must file a petition with USCIS. With the L-1 Blanket Visa, U.S.-based firms can bring multiple foreign employees to the U.S. with a single petition. This eliminates the need for multiple L-1 applications.
After issuing the Blanket L-1 Visa, the firm can swiftly transfer individuals to the United States with short notice. They can use a copy of the approved Blanket L-1 petition (I-129S), and other documentation that support the transferees’ qualifications.
Blanked L-1 visa requirements for U.S.-based petitioner
- Have a qualifying relationship with a foreign firm (parent company, branch, subsidiary, or affiliate)
- Currently or planning to conduct business in the United States and another nation, directly or through a qualifying organization, during the beneficiary’s L-1 stay. The firm must be profitable and engaging in foreign commerce is not a requirement.
Doing business means regularly and continuously providing products/services by a qualified organization, excluding the presence of an agent or office in the US or elsewhere.
Additional requirements of the petitioner include:
- Each eligible organization and the petitioner must actively participate in commercial trade or services.
- Must have an office that has been in operation for a year or longer.
- A minimum of three branches, affiliates, or subsidiaries, both local and overseas, is necessary.
- One of the following three requirements must be met:
- The Petitioner must have received a minimum of ten L-1 petition approvals in the previous 12-month period.
- Must have U.S. affiliates or subsidiaries with at least $25 million in yearly sales.
- Have more than 1,000 workers in the United States.
Blanket L-1 visa requirements for employee
The transferred employee must fulfill the same standards as an individual L-1 candidate to qualify for the L-1 blanket option. The employee must meet the following requirements:
- Must have worked for a qualifying organization abroad for one continuous year in the three years preceding his or her admission to the United States
- Seeking admission to the United States to serve in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
Executive capability often refers to an employee’s ability to make broad decisions with little oversight. Managerial capacity often refers to an employee’s ability to oversee and regulate the work of professional workers. They manage the organization or a department, subdivision, function, or component of the organization.
Validity and extensions for L-1 blanket visa
The L-1 Visa is granted for a period of three years. If you are a manager or executive (L-1A), you can renew your visa for two years at a time for a total of seven years, or five years if you come to the U.S. as a specialized knowledge employee (L-1B).
To request an L-1 blanket visa extension for an employee, the business must file a new Form I-129S on the individual’s behalf. The petitioner must provide the following documentation with the renewal petition for an L-1 employer:
- The prior L-1 approval notice
- Most recent I-94
- A copy of the L-1 Visa
- Confirmation of the W-2 form
- Recent pay slips
- An L-1 blanket visa extension support letter written by the employer outlining the employee’s job conditions and the basis for the employee’s prolonged stay in the United States.