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The L1 Blanket Program is designed to allow large multinational
corporations to transfer their executives, managers, and
specialized knowledge professionals to the U.S. without
undergoing the often lengthy processing periods for regular
L1 petitions.
Eligibility
Criteria
A petitioner which meets the following requirements may
file a blanket petition seeking continuing approval of
itself and some or all of its parent, branches, subsidiaries,
and affiliates as qualifying organizations if:
- The petitioner and each of those entities are engaged
in commercial trade or services;
- The petitioner has an office in the United States
that has been doing business for one year or more;
- The petitioner has three or more domestic and foreign
branches, subsidiaries, or affiliates; and
- The petitioner and the other qualifying organizations
have obtained approval of petitions for at least ten
“L” managers, executives, or specialized
knowledge professionals during the previous 12 months;
or have U.S. subsidiaries or affiliates with combined
annual sales of at least $25 million; or have a United
States work force of at least 1,000 employees.
A blanket petition is valid initially for a period of
three years and may be extended indefinitely thereafter
if the qualifying organizations have complied with the
regulations. Managers, executives, and specialized knowledge
professionals employed by firms, corporations, or other
entities which have been found to be qualifying organizations
pursuant to an approved blanket petition may be classified
as intracompany transferees and admitted to the United
States..
Intracompany transferee:
means an alien who, within three years preceding the time
of his or her application for admission into the United
States, has been employed abroad continuously for one
year by a firm or corporation or other legal entity or
parent, branch, affiliate, or subsidiary thereof, and
who seeks to enter the United States temporarily in order
to render his or her services to a branch of the same
employer or a parent, affiliate, or subsidiary thereof
in a capacity that is managerial, executive, or involves
specialized knowledge. Periods spent in the United States
in lawful status for a branch of the same employer or
a parent, affiliate, or subsidiary thereof and brief trips
to the United States for business or pleasure shall not
be interruptive of the one year of continuous employment
abroad but such periods shall not be counted toward fulfillment
of that requirement.
Managerial Capacity: Managerial capacity
means an assignment within an organization in which the
employee primarily:
- Manages the organization, or a department, subdivision,
function, or component of the organization;
- Supervises and controls the work of other supervisory,
professional, or managerial employees, or manages
an essential function within the organization, or
a department or subdivision of the organization;
- Has the authority to hire and fire or recommend
those as well as other personnel actions (such as
promotion and leave authorization) if another employee
or other employees are directly supervised; if no
other employee is directly supervised, functions at
a senior level within the organizational hierarchy
or with respect to the function managed; and
- Exercises discretion over the day-to-day operations
of the activity or function for which the employee
has authority. A first-line supervisor is not considered
to be acting in a managerial capacity merely by virtue
of the supervisor's supervisory duties unless the
employees supervised are professional.
Executive Capacity: Executive capacity
means an assignment within an organization in which the
employee primarily:
- Directs the management of the organization or a
major component or function of the organization;
- Establishes the goals and policies of the organization,
component, or function
- Exercises wide latitude in discretionary decision-making;
and
- Receives only general supervision or direction
from higher level executives, the board of directors,
or stockholders of the organization.
Specialized Knowledge Professional: Specialized
knowledge professional means an individual who has specialized
knowledge and is a member of the professions including
but not be limited to architects, engineers, lawyers,
physicians, surgeons, and teachers in elementary or secondary
schools, colleges, academies, or seminaries. Specialized
knowledge means special knowledge possessed by an individual
of the petitioning organization's product, service, research,
equipment, techniques, management, or other interests
and its application in international markets, or an advanced
level of knowledge or expertise in the organization's
processes and procedures.
Duration of Stay
L1A Visa
Employees in Managerial and Executive positions (L1A visa)
may be admitted initially for a three-year period if they
intend to join an existing company or a one-year period
if they intend to join a newly established company. After
initial entry, extensions are granted in two-year increments
for a maximum period of seven years.
L1B
Visa
Employees in specialty positions (L1B visa) may be admitted
initially for a three-year period if they intend to join
an existing company or a one-year period if they intend
to join a newly established company. After initial entry,
extensions are granted in two-year increments for a maximum
period of five years.
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