L-1 Blanket Visa

Introduction

The L-1 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 L-1 petitions.

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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.

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Duration of Stay

L-1A Visa

Employees in Managerial and Executive positions (L-1A 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.

L-1B Visa

Employees in specialty positions (L-1B 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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