The Blanket L Petition is a process that allows multinational companies to transfer qualifying employees to the US under the L-1 visa category without filing individual petitions for each worker. It streamlines the application process for businesses that frequently transfer employees and meet specific eligibility criteria, such as having a qualifying relationship between the US and foreign offices and demonstrating a history of transferring employees.
While the petition offers efficiency, there are risks and important considerations for both employers and employees. Companies must ensure compliance with all requirements, including maintaining detailed records of employee qualifications and job roles. Failure to meet documentation standards can result in delays or denials, impacting business operations.
Employees should be aware that approval of the Blanket L Petition does not guarantee an individual L-1 visa. Each worker must still attend a consular interview and meet eligibility requirements. In this guide for employers, we answer frequently asked questions about the Blanket L petition to transfer overseas workers to the USA.
What is the Blanket L Petition?
The Blanket L allows a sponsoring US employer to transfer multiple qualifying employees quickly, on short notice and with less of an administrative drain with each L-1 intracompany visa application.
For companies transferring multiple employees to US-based affiliates, branches or subsidiaries, the Blanket L offers a number of benefits:
- Expedited processing of the L-1 petition – often taking the process from months to weeks.
- Reduced administrative burden on employer – since only an individual L1 petition is required for each employee.
- The employee can apply at the consular post in their country of residence.
Blanket L petition eligibility requirements
Given the requirements, the Blanket L is typically open only to larger employers.
To be eligible for a blanket petition a company must document that they meet the following requirements:
- The filing company and its related companies must be engaged in commercial trade or services;
- The filing company must have an office in the US that has been doing business for one year or more;
- The filing company must have three or more domestic and foreign branches, subsidiaries, or affiliates.
In addition, the filing company and the other qualifying organizations must have:
- Obtained at least ten L-1 petition approvals during the previous twelve months; or
- Have US subsidiaries or affiliates with combined annual sales of at least $25 million; or
- Have a US workforce of at least 1,000 employees.
Blanket L petition process time
Blanket L petition processing varies between consular posts and the time of year.
In any event, a successful Blanket L petition will save you a substantial amount of time with processing of future individual employee L1 petitions.
For an additional fee, you may request premium processing. Under this service USCIS will adjudicate the case within 15 calendar days. If a request for additional evidence is issued on a petition filed using the premium processing service, USCIS will have an additional 15 calendar days from receipt of the response to adjudicate the case.
How long is the Blanket L issued for?
Blanket Ls are issued for an initial period of up to three years. You can then apply to renew the visa indefinitely, provided the company remains eligible under the Blanket L requirements.
Will the Blanket L mean employees automatically qualify for L1 status?
Unfortunately, holding Blanket L status does not guarantee your employees will also qualify under the relevant L1 category. With the Blanket L, you will still need to ensure all employees applying for L1 status meet the requirements under the relevant category (L-1A or L-1B) as their petition will be assessed and adjudicated by a consular officer. There is no shortcut or relaxation of the visa criteria.
This means for example ensuring the employee has worked for the foreign company for a minimum of year at the time of filing their petition.
The applicant is required to fill an executive or managerial role (L-1A) or specialized knowledge role (L-1B) in the U.S. and you must have been employed abroad by the same company, or a parent, branch, affiliate or subsidiary thereof, in an executive, managerial or specialized knowledge role for 1 of the last 3 years.
An individual may be eligible for an L-1 visa if they meet the following requirements:
- They are required to fill an executive or managerial knowledge role in the US, or fill the role of a specialized knowledge professional; and
- They have been employed abroad by the same company, or a parent, branch, affiliate or subsidiary thereof, in an executive or managerial role, or the role of a specialized knowledge professional, for one of the last three years.
An executive role is defined as 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.
A managerial role is defined as 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;
- Has the authority to hire and hire or recommend those as well as other personnel actions, or if no other employee is directly supervised, functions at a senior level within the organizational hierarchy; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
A specialized knowledge professional role is defined as a role in which:
- The individual is a member of a profession, including but not limited to architects, engineers, lawyers, physicians and teachers; and
- Special knowledge is 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
- Advanced knowledge is possessed by an individual of the petitioning organization’s processes and procedures.
Is there a limit on the number of employees who can file for L1 status under the Blanket L?
Provided the petitions are filed during the validity period of the Blanket L visa, there will be no restriction or cap on the number of employees from your company who can apply for L1 status.
This includes employees employed by the parent company and any branches, subsidiaries, and affiliates as included in the Blanket L petition. As such, it will be important when filing for your Blanket L petition that it provides sufficient coverage of your organisation that will require use of the Blanket L visa.
Need assistance?
NNU Immigration specialize in working with employers on the US Blanket L petition. As London-based US immigration attorneys, we can advise on all aspects of the visa, from assessing eligibility, to support with compiling your petition and all required documentation.
Contact us for advice with your Blanket L petition.
Blanket L Petition FAQs
What is a Blanket L Petition?
A Blanket L Petition is a process that allows eligible multinational companies to transfer employees to the US under the L-1 visa category without filing separate petitions for each worker.
Who qualifies for a Blanket L Petition?
Companies must meet specific requirements, including having a qualifying relationship between the US and foreign offices, meeting size and revenue thresholds, and demonstrating a history of transferring employees.
Does approval of a Blanket L Petition mean automatic visa approval?
The Blanket L Petition only pre-approves the employer’s ability to transfer employees Each individual must still apply for an L-1 visa and attend a consular interview.
What are the benefits of a Blanket L Petition?
It speeds up the process for multinational companies, allowing quicker transfers of managers, executives, and specialized knowledge employees to the US.
What risks should employers consider?
Companies must ensure compliance with all documentation and record-keeping requirements Mistakes or missing information can lead to delays, denials, or compliance issues.
Can an employee change employers while on an L-1 visa under a Blanket Petition?
The L-1 visa is employer-specific, meaning the employee can only work for the petitioning company in an approved capacity.
How long does an L-1 visa under a Blanket Petition last?
The initial period is typically one to three years Extensions may be possible, but the total stay cannot exceed the maximum allowed duration for L-1 visa holders.
Can family members accompany an employee on an L-1 visa?
Spouses and children under 21 can apply for L-2 visas, and spouses may be eligible for work authorization in the US.
What happens if an L-1 visa is denied despite a Blanket Petition?
The employee may reapply with additional documentation or explore other visa options with their employer’s support.
Are there any restrictions on where an L-1 visa holder can work?
The employee must work at an approved location specified in the Blanket L Petition. Any changes require proper documentation and approval.
What is the difference between L-1 and L-1 blanket visa?
With a Blanket L, the employer can apply to transfer multiple employees simultaneously, rather than filing separate individual petitions.
Glossary
Term | Definition |
---|---|
Blanket L Petition | A pre-approved petition that allows multinational companies to transfer eligible employees to the US without filing individual L-1 petitions. |
L-1 Visa | A non-immigrant visa that allows managers, executives, and employees with specialized knowledge to work in the US for a qualifying company. |
L-1A Visa | A category of the L-1 visa for managers and executives transferring to a US office. |
L-1B Visa | A category of the L-1 visa for employees with specialized knowledge transferring to a US office. |
USCIS (United States Citizenship and Immigration Services) | The government agency responsible for processing immigration and non-immigrant visa petitions. |
Consular Processing | The procedure where an employee applies for an L-1 visa at a US embassy or consulate outside the US. |
Qualifying Relationship | The required business connection between a US company and its foreign affiliate, parent, subsidiary, or branch to be eligible for the Blanket L Petition. |
Specialized Knowledge | Expertise in a company’s products, services, processes, or procedures that is essential to its operations and not commonly held in the industry. |
Managerial Role | A position that involves supervision of employees or essential company functions at a high level. |
Executive Role | A position that involves decision-making authority and overall company leadership. |
L-2 Visa | A visa for spouses and children of L-1 visa holders that allows them to live in the US. |
Work Authorization for L-2 Spouses | L-2 spouses are eligible to work in the US without needing to apply separately for employment authorization. |
Visa Denial | When an L-1 visa application is refused due to insufficient documentation, failure to meet eligibility, or other factors. |
Extension of Stay | The process of renewing an L-1 visa beyond the initial period, subject to maximum stay limits. |
Maximum Stay Limit | L-1A visa holders can stay for up to 7 years, while L-1B visa holders can stay for up to 5 years. |
Port of Entry | The location where an L-1 visa holder enters the US and undergoes inspection by Customs and Border Protection (CBP). |
Petition Denial | When USCIS rejects a Blanket L Petition due to failure to meet eligibility requirements. |
Compliance Requirements | Employers must maintain accurate records, ensure employees meet visa terms, and follow all US immigration laws. |
Change of Status | The process of switching from an L-1 visa to another visa type while remaining in the US. |
Intra-Company Transfer | The movement of employees within the same company from an international office to a US office under the L-1 visa category. |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/
- Nita Upadhyehttps://www.nnuimmigration.com/author/nita/