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The Blanket L classification affords established multinational
employers the greatest flexibility and speed allowed for intracompany
transfers. Each qualified employee's L-1 visa petition is
processed even faster than the premium processing procedures
offered by the U.S. Citizenship and Immigration Services (USCIS).
For a comparison of the Blanket L versus the individual L
timeline, please see the general
L-1 overview.
Employers interested in gaining Blanket L status must determine
if their organization qualifies pursuant to four basic criteria.
First, the employer must have an office in the United States
that has been doing business for one year or more.
Second, the employer has to be a multinational organization,
with at least three or more foreign branches, subsidiaries,
or affiliates. The employer will provide USCIS with an "entity
list" detailing the entities within the employer organization
that are authorized to use the Blanket L procedures. Common
ownership and control must exist for each entity to be included
in the Blanket L "entity list." The law requires
at least 50% ownership, and an equal or greater amount of
corporate control (through an extra seat on the Board of Directors,
for example) for each qualifying organization. To confirm
ownership and control in support of the entity list, the employer
will need to provide corporate data such as: Annual Reports;
SEC Forms 10-K; corporate organizational charts; certificates
from corporate officers or corporate counsel; and copies of
stock certificates.
A third criterion is that the employer, and each of the listed
entities, must be engaged in either commercial trade or services.
For this reason, non-profit employers cannot apply for the
L-1 Blanket classification. Similarly, for-profit employers
are not allowed to list non-profit business units on the entity
list.
The fourth criterion involves proving the scope of the employer's
operations. The employer, alone or in combination with other
qualifying entities on the entity list, must meet one of three
criteria: $25 million in combined annual sales; 10 L-1 visa
petition approvals in one year; or a U.S. workforce of at
least 1,000 employees. Any of these three requirements will
satisfy the law. Most publicly traded companies qualifying
under the $25 million dollar test, generally documented by
SEC filings (Form 10K or 10Q) or audited financial statements.
The approval of the initial Blanket L petition for an employer
means that USCIS authorizes the entities listed on the approved
entity list to transfer employees under the Blanket L procedures.
A qualifying organization listed in the approved Blanket L
Petition may not transfer an employee to or from a corporate
entity not listed on the approved Blanket L entity list. However,
newly acquired entities may be added to the Blanket L entity
list by the filing of an amended Blanket L petition.
- Company forwards to Berry, Appleman & Leiden (BAL)
information necessary to begin the case including
corporate organization information.
- Company indicates whether USCIS Premium Processing
Service is requested (reduces the processing time
to a 15 to 30 day period).
- BAL reviews and organizes corporate information
and documents.
- BAL generates the entity list of subsidiaries and
affiliates.
- BAL prepares final forms and letters for company.
- Company reviews and signs final documents (the entity
list is reviewed and signed by a corporate officer
or company legal counsel).
- BAL performs a final check of all documents, forms,
and letters.
- BAL files finalized Blanket L-1 petition with the
appropriate regional USCIS Service Center. Expedited
processing is available for a $1,000 government fee
per the Premium Processing Program. .
- USCIS approves Blanket L petition and endorses the
entity list.
- BAL notifies company of approval.
- The approved Blanket L should be used for transferring
to and from any entity on the approved entity list.
- Employees must have a minimum of twelve months of
foreign subsidiary employment at the time of application.
Time spent in the U.S. does not count.
- All intracompany transferees for specialized knowledge
(i.e. non-managerial, non-executive) positions must
have a four-year degree or its professional equivalent.
- A Form I-129S and other supporting documentation
must be prepared for each employee transferring under
the approved L petition.
- Extension required after first three years, USCIS
requires an updated entity list and special report
of all employees that used the Blanket L procedures.
- After first extension, the Blanket L is approved
indefinitely and no future extensions are required.
- Amendments are only required to reflect corporate
organization changes to the entity list, including
adding newly acquired subsidiaries.
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