I-129S, Nonimmigrant Petition Based on Blanket L Petition

Form 8; Instructions 9

06/02/16. We will publish a new edition of this form soon. In the meantime, you may file using the 06/02/16 edition.  You can find the edition date at the bottom of the page on the form and instructions.

If the alien employee requires a visa, he or she should present the completed petition to a U.S. consular officer; if no visa is required, the petitioner should file the petition at the USCIS Service Center where the blanket petition was approved.

Note: if the alien employee is a Canadian citizen, the petition may be filed directly with Customs and Border Protection (CBP) at certain ports of entry and certain pre-flight inspection locations.

Additional Information for Completing Your Form:

Don’t forget to sign your form! We will reject any unsigned form.

See Special Instructions and Form Instructions.

Please do not submit this checklist with your Form I-129S. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.

If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English.

Did you provide the following?

• A copy of the approval notice for the blanket L petition
• A letter from the beneficiary’s foreign qualifying employer detailing their dates of employment, job duties, qualifications, and salary. The letter must also show the beneficiary worked for the employer for at least one continuous year out of the preceding three years in an executive, managerial, or specialized knowledge professional capacity

Filing fees:

Some petitioners must pay a $500 Fraud Prevention and Detection Fee. If a petitioner must pay the $500 fee, they may also be subject to payment of a $4,500 filing fee, mandated by Public Law 114-113. See the Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113) page.

Each fee must be submitted by a separate check or money order. Make checks payable to "U.S. Department of Homeland Security."

Extension of Stay Requests for Beneficiaries Who Entered the United States Based on an Approved  Blanket L Petition:

All petitioners requesting an extension of stay for a beneficiary who entered the United States based on an approved  blanket L petition must file the following:

• Form I-129, Petition for a Nonimmigrant Worker, and
• Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 edition only) and
• A copy of their previously approved Form I-129S

USCIS will accept Form I-129 extension of stay requests without the accompanying Form I-129S until 11/09/16.

Starting 11/10/16, we may reject any Form I-129 for an L-1 blanket extension of stay request that does not also include the Form I-129S.

Change of Status Request for Beneficiaries Who are in the United States:

All petitioners requesting a change of status to L-1 based on an approved blanket L petition for a beneficiary who is currently in the United States must file the following:

• Form I-129, Petition for a Nonimmigrant Worker, and
• Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 edition only).

USCIS will accept Form I-129 change of status requests without the accompanying Form I-129S during a 60-day grace period that will end on 11/09/16.

Starting 11/10/16, we may reject any Form I-129 for an L-1 blanket change of status request that does not also include the Form I-129S.

Evidence of Petition Approval Needed When Traveling:

Along with a valid passport and visa (if applicable), the alien employee should carry the following documents when traveling to the United States:

• Form I-797 USCIS petition approval notice; or
• A copy of the approved Form I-129S (if applicable)

The alien employee should present this documentation to CBP when seeking entry or re-entry into the United States in the approved L-1 employment classification.

Exception: The above would not apply to an alien employee who is a Canadian citizen if the Form I-129S is being filed directly with CBP as indicated in the “Where to File” section above.

Please note: Evidence of petition approval is not a visa and the alien employee must possess the appropriate nonimmigrant visa, if one is required, before applying for admission into the United States.

I-94 Validity:

When an alien employee with an approved I-129S petition is admitted to the United States, CBP grants the alien employee a period of stay documented on Form I-94 or as noted in the passport or travel document.

If the expiration date on the granted Form I-94 ends before the validity period of the I-129S petition (as shown on the I-797 approval notice), one of the following must occur before the expiration date on the Form I-94 or as noted in the passport or travel document:

• A request for an extension of stay must be filed on behalf of the alien employee using Form I-129; or
• An application for some other immigration benefit that would allow the alien employee to remain in the United States must be filed; or
• The alien employee must depart the United States.

If the alien employee’s stay is limited as described above, any dependent family members who accompanied or followed to join the alien employee must also: (a) request an extension of stay using Form I-539; (b) apply for some other immigration benefit that would allow the family member to remain in the United States; or (c) depart the United States, before the expiration date on the family member’s  Form I-94 or the date noted in the family member’s passport or travel document.