Blanket L Petitions

The blanket L petition program allows a petitioning employer to seek continuing approval of itself, its parent, and its branches, subsidiaries, and affiliates as qualifying organizations and, later, classification under INA Section 101(a)(15)(L) of any number of aliens employed by itself, its parent, or some of its branches, subsidiaries, and affiliates. The program is generally restricted to relatively large international employers who are engaged in commercial trade or services. The petitioning employer must document that it meets certain criteria to file the blanket L petition and to document the relationship between the qualifying organizations which will be included in the blanket L petition.

The blanket L petition does not ensure approval of individual employee beneficiaries. Whether an alien beneficiary of the blanket L petition qualify for L classification is later determined by the appropriate consulate with jurisdiction over the beneficiary or the USCIS or CBP officer if the alien is visa-exempt or applying for change of status.

The L-1 Visa Reform Act modifies the eligibility requirements for L-1 intracompany transferees covered by a blanket L petition and requires that the L-1 beneficiary of a blanket L petition have been employed abroad by the L entity for a period of 12 months. The Act eliminates the 6 month exception that had been the law for blanket L petition beneficiaries since 2001.

A blanket L petition is an extensive and time-consuming process and requires substantial evidence including but not limited to SEC filings, annual reports, corporate organizational charts. All of the organizations, parents, subsidiaries and affiliates listed in the blanket L petition must be engaged in commercial trade or services. The petitioning employer must have an office in the United States that has been doing business for at least one year. The L petitioner must have at least three or more organizations included in the blanket L petition. The blanket L petition has other requirement that must be met as well.

If you are considering a blanket L petition, contact The Nunez Firm to schedule a free consultation.

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