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Significant Changes to L-1 Visa Application for Blanket Employees

August 25, 2016

Filed under: L-1 Visa — drgump @ 1:02 pm

The L-1 visa is a nonimmigrant work visa for managerial or skilled employees, which allows U.S. companies that maintain a qualifying relationship with foreign business entities to transfer workers to the U.S. . Under a traditional L-1 petition application, each petition must be filed with and approved by the USCIS as a precursor to transfer. “Blanket L” petitions allow larger companies to more easily transfer workers to the U.S. more frequently. When a Blanket L approval is obtained, the company and its subsidiaries/affiliates are afforded additional flexibility to transfer eligible employees to the U.S. as they bypass the step of filing the petition with the USCIS.

However, the USCIS is changing the L-1 visa application for those employees who qualify under their company’s Blanket L petition. Beginning on August 29, 2016, the Form I-129S, which is utilized in the visa application process, will contain new information demands and could ultimately hinder the previous quick turnaround in securing an L-1 visa under a Blanket petition. Seen by some as an additional burden to employers, the updated Form I-129S will now require the following:

  • Employee’s employment history
  • Identification of the applicant’s gender and all names the applicant has ever used
  • Listing the percentage of time the person will spend doing job duties on a “daily basis” and the annual wage the person received (in USD)
  • Information regarding third-party worksites (if applicable)
  • Employer signature declaring that the company has reviewed the petition
  • This is a more extensive declaration for the company to attest to and serves as a reminder to the petitioner of the possibility of on-site compliance audits

The Law Offices of Richard A. Gump, Jr., PC is committed to assisting employers with their employment-based immigration matters.

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