\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Chapter 32 Petitions for Intracompany Transferees (L classification). \ 32.4 Blanket Petition Process.
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Blanket Petition Process.
(Chapter 32.4(a) Amended to add Note 2 10/6/2010; AD10-48; PM-602-0009. Revised [07/28/05];
The blanket petition program allows a petitioner to seek continuing approval of itself, its parent, and its branches, subsidiaries, and affiliates as qualifying organizations and, later, classification under section
of any number of aliens employed by itself, its parent, or some of its branches, subsidiaries, and affiliates. The program is restricted to relatively large international employers who are engaged in commercial trade or services. The petitioner is required to document that it meets certain criteria to file a blanket petition and to document the relationship between the qualifying organizations which will be included in the blanket petition. When the blanket petition is adjudicated, the decision relates onl
y to these factors. Whether alien beneficiaries of the blanket petition qualify for L classification is later determined by a consular office when the alien applies for a visa or by a USCIS or CBP officer if the alien is visa-exempt or applying for a change of status. An alien, who for one year in the previous 3 years has been employed by a qualifying organization as a manager, executive, or specialized knowledge professional, is eligible to transfer to the United States to a qualifying organization listed
in the blanket petition as a manager, executive, or specialized knowledge professional.
[Revised June 30, 2006]
The L-1 Visa Reform Act at
of Pub. L. 108-447, Division J, Title IV, modifies the eligibility requirements for L-1 intracompany transferees covered by a blanket petition filed pursuant to section
of the Act by amending section 214(c)(2)(A) of the Act to restore prior law requiring that the L-1 beneficiary of a blanket petition have been employed abroad by the L entity for a period of 12 months. Effective June 6, 2005, the Act eliminates the 6-month exception that had been the law for blanket beneficiaries since 2001. The restored one-year previous employment requirement applies only to an alien who is seeking initial classification as an L-1 nonimmigrant on the basis of a blanket petition filed w
ith USCIS irrespective of when the blanket petition was filed. An alien who was classified as an L-1 nonimmigrant prior to June 6, 2005 on the basis of the blanket petition would continue to be subject to six-month employment requirement. The six-month rule should also continue to be applied to cases involving extensions or changes of job duties within the L classification filed on or after the June 6, 2005 effective date, but in which the original status was obtained through a L-1 blanket process prior to
the effective date based upon the then-existing eligibility requirements.
Although Public Law 111-230, enacted August 13, 2010, requires the payment of an additional fee in the case of certain L-1 petitions, that fee does not apply to the filing of a blanket L-1 petition. However, the additional fee may apply to certain I-129S petitions submitted to USCIS by visa-exempt aliens.
The petitioner must submit a statement signed by the company's president, corporate attorney, corporate secretary. or other authorized official describing the ownership and control of the organizations included in the blanket petition, accompanied by supporting evidence, such as the company's latest annual report, Securities and Exchange Commission filings, or another appropriate document which lists the company's parent and subsidiaries. The petitioner must also submit a written statement and appropriate e
vidence to document that it meets all four of the following criteria to file a blanket petition:
(1) All of the organizations listed in the blanket petition must be engaged in commercial trade or services. The petitioner's statement that the organizations provide goods and/or services for profit satisfies this requirement.
(2) The petitioner must identify in its written statement an office in the United States which has been doing business for a year or longer. The date that office was established should be indicated by the petitioner.
(3) Inclusion of three or more organizations in the blanket petition is adequate evidence that the petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates.
(4) The final criteria may be met by the petitioner documenting any one of three factors:
That it has transferred ten L-1 managers, executives, or specialized knowledge professionals to the United States in the previous 12 months. The petitioner should submit copies of Form I-797 to show this.
That its U.S. subsidiaries and affiliates have a combined annual sales of at least $25 million. The petitioner's statement regarding the combined annual sales of its United States organizations may be accepted as evidence of the alternative criteria. A copy of the company's annual report may also provide this information.
That the petition has a U.S. workforce of at least 1,000 employees. Likewise, the petitioner's statement regarding the size of its United States workforce may be accepted as evidence of the alternative criteria. A copy of the company's annual report may also provide this information.
If the petition is approvable, notify the petitioner by issuing a CLAIMS-generated Form I-797, indicating the validity period. An initial approval is valid for three years and an extension (of the petition) is valid indefinitely, until revoked.
The validity period in the case of a blanket petition is the period during which the alien beneficiary must apply for admission or be granted a change of status. So long as the petition is still valid on the date the otherwise eligible alien is admitted or granted change of status, he or she shall be given L-1 status for the full three years.
Prepare and serve a formal denial order. Forward the petition in accordance with local procedures pending submission of an appeal or expiration of the appeal period. A denied petition for L classification is appealable to the Administrative Appeals Office.
Certificate of Eligibility
Form I-129S, Certificate of Eligibility, is the form used exclusively for beneficiaries of blanket petitions. When a qualifying organization with an approved blanket petition seeks to transfer an L- eligible alien to the United States using its blanket approval, the qualifying organization completes this certificate of eligibility for the alien.