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

Form 8; instructions 10

11/08/19. Starting 03/16/20, we will only accept the 11/08/19 edition. Until then, you can use 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 is outside of the United States and requires a visa, they should present their Form I-129S (that you completed as their petitioning employer) to a U.S. consular officer.

If they are a Canadian citizen, they may file Form I-129S (that you completed as their petitioning employer) directly with Customs and Border Protection (CBP) at certain ports of entry and certain pre-flight inspection locations.

If they are inside the United States, they should file their Form I-129 and Form I-129s (that you completed as their petitioning employer) at a USCIS service center according to the Form I-129 instructions.

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

See the Special Instructions section below and the 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; and
• A letter detailing the employee’s dates of employment, job duties, qualifications, and salary. The letter must also show the beneficiary worked for you for at least one continuous year out of the preceding three years in an executive, managerial, or specialized knowledge professional capacity

Filing fees

We may require you to pay a $500 Fraud Prevention and Detection Fee. (See our webpage for more information about this fee.) If you must pay the $500 fee, you may also be subject to paying a $4,500 fee, mandated by Public Law 114-113. See the Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113) page.

You must submit each fee with a separate check or money order. Make checks payable to “U.S. Department of Homeland Security.”

Extension of Stay Requests for Beneficiaries Who Were Admitted to the United States Based on an Approved Blanket L Petition

If you’re requesting an extension of stay for a beneficiary who was admitted to the United States based on an approved blanket L petition, you must file:

• Form I-129, Petition for a Nonimmigrant Worker;
• Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 and 11/08/19 editions only); and
• A copy of the beneficiary’s previously approved Form I-129S.

Starting 03/16/20, we may reject any Form I-129 for an L-1 blanket extension of stay request that does not also include Form I-129S.

Change of Status Request for Beneficiaries Who Are in the United States

If you’re 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, you must file:

• Form I-129, Petition for a Nonimmigrant Worker; and
• Form I-129S, Nonimmigrant Petition Based on Blanket L Petition (the 06/02/16 and 11/08/19 editions only).

Starting 03/16/20, we may reject any Form I-129 for an L-1 blanket change of status request that does not also include 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, Notice of Action (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.

However, this does not apply if the alien employee is a Canadian citizen and is filing Form I-129S directly with CBP as indicated in the “Where to File” section above.

Evidence of petition approval is not a visa and the alien employee must have 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, Arrival/Departure Record, or as noted in the passport or travel document.

The date on the Form I-94, or the date noted by CBP in the passport or travel document, reflects the alien’s actual approved period of admission. If the approved period of admission ends before the end of the validity period of the Form I-129S petition (as shown on the I-797 approval notice) or the validity period of the approved blanket petition (as shown on the I-797 blanket petition approval notice), the following must happen for you to continue to lawfully employing the alien: 

• You must file a request for an extension of stay (using Form I-129) on behalf of the alien employee;
• You (or in some cases, the alien) must file a request, according to applicable form instructions, for an immigration benefit that would allow the alien employee to remain in the United States; or
• The alien employee must depart the United States and seek readmission to the U.S. according to existing law. 

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:

• Request an extension of stay using Form I-539;
• Apply for some other immigration benefit that would allow them to remain in the United States; or
• Depart the United States before the expiration date on their Form I-94 or the date noted in their passport or travel document and seek readmission according to existing law.