Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

11 Broadway, Suite 615
New York, NY 10004

(212) 430-6582 phone
(212) 430-6583 facsimile

L-1 Blanket Petitions

Q: How is an L- Blanket Petition different than a more traditional L-1 visa?

A: Remember that there are two major sets of facts which need to be proven before a traditional L-1 visa is granted.

One set concerns the two business entities involved in the transfer (that the U.S. company is the parent or subsidiary of the foreign company, or that they are affiliates in the sense that they both share substantially the same ownership, or that one is a joint venture involving the other, or that one is a branch office of the other).

The other set concerns the foreign national whose transfer to the U.S. is sought and the planned job: that they have worked for the overseas company for the required amount of time, and that the work have done abroad and that they will do in the U.S. will be in an appropriate capacity (executive, managerial or specialized knowledge, etc.)

The L-1 blanket petition is different in that it breaks apart these two sets of items to be proven. The company files an L-1 blanket petition establishing all of the "first-set" concerns - the corporate interrelationships - simultaneously; every related company globally is listed in this petition. This only needs to be amended when there is a change in the related companies or their ownership relationships.

When the companies recognize a need to transfer an employee from an overseas entity to the U.S. entity, a petition demonstrating only that the employee and the proposed job meet the requirements for L-1 status can be forwarded to the employee directly for presentation at the U.S. embassy or consulate abroad. The petition need say nothing about the corporate interrelationships beyond a mention that both are included in the approved blanket petition, and there is no need to wait for USCIS Service Center approval of a petition.

Compare this to the traditional L-1 petition, where the employer must file an individual L-1 petition with the USCIS Service Center which seeks to prove both the corporate relationship and the qualifications of the planned job/desired employee for L-1 status, wait for an approval, and then wait for the employee to process for the visa through a consulate.

Q: Can any company get an L-1 blanket petition?

A: Unfortunately, no - only larger and more established companies. The restrictions on which companies may apply for a blanket petition pertain to the size and longevity of the company.

The company's U.S. office must be engaged in a commercial trade or service, must have existed for at least a year, and must demonstrate in the petition the existence of at least two additional domestic or foreign related organizations aside from the petitioning U.S. entity.

It must also meet one of these three criteria: it must have $25 million (U.S.) in sales, it must employ 1,000 or more U.S. workers, or must have petitioned for at least 10 individual L-1 visas in the 12 month period before filing of the blanket L-1 petition. A small but high-income company may qualify, as might a large employer with relatively low income for its size or a company which handles many transfers without employing many people or having a very high income (though such a company may attract suspicion!)

Q: What is the advantage of the L-1 blanket visa?

A: An L-1 employee can be brought to the U.S. much more quickly under a blanket petition than under a traditional L-1 petition, and without the needless repetition of proving the same corporate interrelationships over and over again.

Rather than making large companies which frequently transfer employees "re-invent the wheel" by proving the same corporate interrelationships with every application, a qualifying company can file just the one blanket petition listing all companies under the same corporate umbrella, their ownership interrelationships, and the percentages of ownership. This can be done in anticipation of future need for L-1 transferee personnel.

When a determination of the need to transfer a qualifying overseas employee to the U.S. entity is made, the employer can skip right to the end of the process (the employee requesting a visa stamp at the consulate) by simply proving that the employee has worked for the company for one of the last three years abroad and will be performing either an executive/managerial or a specialized knowledge job in the U.S. There is no need to first apply through USCIS in the United States, and no need to again demonstrate the corporate interrelationships.

Q: Are there any disadvantages to the L-1 Blanket visa?

A: Unlike non-blanket L-1B petitions for specialized knowledge workers, the L-1 Blanket procedure can only be used where the specialized knowledge job is a professional position (i.e.: a position requiring at least a Bachelor's degree or the equivalent).

Applicants for specialized knowledge L-1 positions which require at least a Bachelor's - and so are professional positions - may certainly use the L-1 Blanket procedure, but applicants for non-professional L-1 positions which require specialized knowledge of company policies, technologies, procedures, etc. must still use the non-blanket L-1 petition procedure through U.S. Citizenship and Immigration Services in the U.S.



Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.

The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.