L1 visa's BLANKET PETITIONS?

Old Oct 8th 2004, 8:37 pm
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Default L1 visa's BLANKET PETITIONS?

Dear Expats,

As I my research continues I see there is such a thing as a "blanket petition" can anyone here confirm whether 12 months employment is needed in the UK office of a US company if they fit the criteria of the blanket petition?

From what I've read if the US company is large enough they can are void of this clause.

Look forward to hearing from you.

Regards

Henry
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Old Oct 9th 2004, 3:44 pm
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Default Re: L1 visa's BLANKET PETITIONS?

    >Subject: L1 visa's BLANKET PETITIONS?
    >From: henrycj5 member30234@british_expats.com
    >Date: 10/9/2004 4:37 AM Eastern Standard Time
    >Message-id: <[email protected]>
    >Dear Expats,
    >As I my research continues I see there is such a thing as a "blanket
    >petition" can anyone here confirm whether 12 months employment is
    >needed in the UK office of a US company if they fit the criteria of the
    >blanket petition?
    >From what I've read if the US company is large enough they can are void
    >of this clause.
    >Look forward to hearing from you.
    >Regards
    >Henry

A blanket L-1 is if the company transfers a lot of employees to the US. They
get that so they don't have to have the hassle of applying for each employee
separately. It does not exempt the employee's requirements to be fulfilled. In
other words, you get no special treatment yourself because your company has
blanket L-1 approval. The rule is for making things easy on the company, not
the employee.
 
Old Oct 10th 2004, 2:25 pm
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Default Re: L1 visa's BLANKET PETITIONS?

Originally Posted by henrycj5
Dear Expats,

As I my research continues I see there is such a thing as a "blanket petition" can anyone here confirm whether 12 months employment is needed in the UK office of a US company if they fit the criteria of the blanket petition?

From what I've read if the US company is large enough they can are void of this clause.

Look forward to hearing from you.

Regards

Henry
If nothing has changed in the past 3 years, you have to work for your employer outside the US for at least 6 month within the past 3 years.
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Old Oct 11th 2004, 2:37 am
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Default Re: L1 visa's BLANKET PETITIONS?

Basic Criteria for the Blanket L1

A company is eligible for a blanket L1 if the following conditions are met:

a) The petitioning company and all the related entities mentioned in the petition are in the business of commercial trade or providing services;

b) The petitioner has an office in the U.S. which has been doing business for at least one year;

c) There are at least three branches, subsidiaries or affiliates, counting both U.S. and foreign offices;

d) That all the companies / entities listed on the petition qualify under the L1 rules as related entities

and

e) the company or group of companies must also meet one of the following criteria:

i) received approval of at least ten L1 beneficiaries during the prior year;
ii) have combined sales of $25 million or more at its U.S. subsidiaries or affiliates; or
iii) have at least 1,000 employees in the U.S.

Filing the Blanket L1 Petition with the INS Service Center

The company files the Form I-129 and all related paperwork with the INS Service Center for an L1 blanket petition. When the INS approves a blanket L1, the companies and branch offices listed are now pre-qualified to transfer L1 employees. Evidence that the beneficiary meets the definition of executive, managerial or specialized knowledge would be shown at the time the beneficiary applies for the visa, as described below.

Duration of Approval

The blanket petition approval is valid for three years. Prior to the expiration date, the petitioning company is required to apply for an indefinite extension. If the extension is not filed, or if it is denied, the petitioner must wait three years before it can file another blanket petition.

Transferring the Employee to the U.S.

For each person that it wishes to bring over, the company completes additional forms and information to be given to the overseas employee, with a copy of the blanket L1 approval notice attached. The employee must also show evidence of prior experience with the related company overseas in a managerial, executive or specialized knowledge capacity. Also, it is necessary to show that the job offered in the U.S. also meets the definition of executive, managerial or specialized knowledge, as defined below. The person then applies for a visa at the Consulate. For persons who are visa-exempt, such as Canadians, the information is presented at the Port of Entry rather than at a Consulate.

L1 Job Definitions

While the definitions are actually quite complicated, we provide a brief description below of the three qualifying types of L1 jobs.

An executive directs the management of the company or of a major part and has authority to set policies and goals, as well as broad discretion to make major decisions.

A manager manages the organization or a part thereof; supervises professionals or other managers, or manages an important function; and has authority over day-to-day operations.

A specialized knowledge employee has special knowledge of the company, particularly its products / services or its processes and procedures, and this knowledge must be needed to perform the job in the U.S. This is not the same as an H1B "specialty occupation." Rather, the person must have essential knowledge of the company and its role in foreign markets, i.e. knowledge which could only have been gained through experience with a related company.

In general, a specialized knowledge L1 does not need to be a degreed professional. However, a specialized knowledge employee who is not a professional must have an individual L1 petition approval, not a blanket approval. The blanket procedure can only be utilized for those specialized knowledge persons who are professionals with a degree.

Admission Procedure

When the visa is issued, the Consular Officer also places an endorsement on the paperwork for the L1 visa applicant. Upon arrival in the U.S., the employee shows the visa and the endorsed form of the consular officer. The L1 employee is admitted to the U.S. for a three-year period, even if the petition approval is due to expire before three years. However, the petition approval must be valid (NOT expired) at the time the person is admitted.

- Tim

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Old Oct 11th 2004, 3:16 am
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Default Re: L1 visa's BLANKET PETITIONS?

thanks for all the info, I ahve read all the below however the slight "hitch" is whether I will of had to work for the UK office to apply?

Your definition below simply states

"The employee must also show evidence of prior experience with the related company overseas in a managerial, executive or specialized knowledge capacity"

I have been working for a different compnay in the same industry and the two companies are only joined as we are both clients for each other. To explain we export product to them and import product from them.

What I really need to find out is whether this will count as the relevant prior experience.

If you could confirm it would be great.

Thanks

Henry
Originally Posted by TimFountain
Basic Criteria for the Blanket L1

A company is eligible for a blanket L1 if the following conditions are met:

a) The petitioning company and all the related entities mentioned in the petition are in the business of commercial trade or providing services;

b) The petitioner has an office in the U.S. which has been doing business for at least one year;

c) There are at least three branches, subsidiaries or affiliates, counting both U.S. and foreign offices;

d) That all the companies / entities listed on the petition qualify under the L1 rules as related entities

and

e) the company or group of companies must also meet one of the following criteria:

i) received approval of at least ten L1 beneficiaries during the prior year;
ii) have combined sales of $25 million or more at its U.S. subsidiaries or affiliates; or
iii) have at least 1,000 employees in the U.S.

Filing the Blanket L1 Petition with the INS Service Center

The company files the Form I-129 and all related paperwork with the INS Service Center for an L1 blanket petition. When the INS approves a blanket L1, the companies and branch offices listed are now pre-qualified to transfer L1 employees. Evidence that the beneficiary meets the definition of executive, managerial or specialized knowledge would be shown at the time the beneficiary applies for the visa, as described below.

Duration of Approval

The blanket petition approval is valid for three years. Prior to the expiration date, the petitioning company is required to apply for an indefinite extension. If the extension is not filed, or if it is denied, the petitioner must wait three years before it can file another blanket petition.

Transferring the Employee to the U.S.

For each person that it wishes to bring over, the company completes additional forms and information to be given to the overseas employee, with a copy of the blanket L1 approval notice attached. . Also, it is necessary to show that the job offered in the U.S. also meets the definition of executive, managerial or specialized knowledge, as defined below. The person then applies for a visa at the Consulate. For persons who are visa-exempt, such as Canadians, the information is presented at the Port of Entry rather than at a Consulate.

L1 Job Definitions

While the definitions are actually quite complicated, we provide a brief description below of the three qualifying types of L1 jobs.

An executive directs the management of the company or of a major part and has authority to set policies and goals, as well as broad discretion to make major decisions.

A manager manages the organization or a part thereof; supervises professionals or other managers, or manages an important function; and has authority over day-to-day operations.

A specialized knowledge employee has special knowledge of the company, particularly its products / services or its processes and procedures, and this knowledge must be needed to perform the job in the U.S. This is not the same as an H1B "specialty occupation." Rather, the person must have essential knowledge of the company and its role in foreign markets, i.e. knowledge which could only have been gained through experience with a related company.

In general, a specialized knowledge L1 does not need to be a degreed professional. However, a specialized knowledge employee who is not a professional must have an individual L1 petition approval, not a blanket approval. The blanket procedure can only be utilized for those specialized knowledge persons who are professionals with a degree.

Admission Procedure

When the visa is issued, the Consular Officer also places an endorsement on the paperwork for the L1 visa applicant. Upon arrival in the U.S., the employee shows the visa and the endorsed form of the consular officer. The L1 employee is admitted to the U.S. for a three-year period, even if the petition approval is due to expire before three years. However, the petition approval must be valid (NOT expired) at the time the person is admitted.

- Tim

PS Google is your friend!
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Old Oct 11th 2004, 5:04 am
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Default Re: L1 visa's BLANKET PETITIONS?

From US Embassy website
http://www.usembassy.org.uk/cons_web/visa/niv/work2.htm


Employees of an international company who are being temporarily transferred to a parent branch, affiliate, or subsidiary of the same company in the United States require Intra Company transfer (L-1) visas. The international company may be either a U.S. or foreign organization. To qualify, the employee must be at the managerial or executive level, or have specialized knowledge and be destined to a position within the U.S. company at either of these levels, although not necessarily in the same position as held previously. In addition, the employee must have been employed outside the U.S. with the international company continuously for one year within the three years preceding the application for admission into the United States.

My interpretation of this is that it must be the _same_ company:-
"employee must have been employed outside the U.S. with the international company continuously for one year"

- Tim
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Old Oct 11th 2004, 6:31 am
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Default Re: L1 visa's BLANKET PETITIONS?

Originally Posted by TimFountain
From US Embassy website
http://www.usembassy.org.uk/cons_web/visa/niv/work2.htm


Employees of an international company who are being temporarily transferred to a parent branch, affiliate, or subsidiary of the same company in the United States require Intra Company transfer (L-1) visas. The international company may be either a U.S. or foreign organization. To qualify, the employee must be at the managerial or executive level, or have specialized knowledge and be destined to a position within the U.S. company at either of these levels, although not necessarily in the same position as held previously. In addition, the employee must have been employed outside the U.S. with the international company continuously for one year within the three years preceding the application for admission into the United States.

My interpretation of this is that it must be the _same_ company:-
"employee must have been employed outside the U.S. with the international company continuously for one year"

- Tim
As I said before, it's 6 months, not one year.

In addition to this advantage, as many of our readers know, a recent change in the law has reduced the required time period for employment abroad from one year to six months for employees covered by a "blanket" petition.
from:

http://www.murthy.com/news/UDovrbl1.html
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Old Oct 11th 2004, 10:22 am
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Default Re: L1 visa's BLANKET PETITIONS?

Good catch, I guess the US embassey's website is out of date, I was quoting verbatim....

- Tim


Originally Posted by Ivonne
As I said before, it's 6 months, not one year.



from:

http://www.murthy.com/news/UDovrbl1.html
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Old Oct 13th 2004, 1:42 am
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Default Re: L1 visa's BLANKET PETITIONS?

After speaking to the US company who wish to hire me, they really need confirmation on the below. If I can work in their UK office for 6 months then transfer it will mean I will be in time to fill the vacant position which they have for me.

Where can I get written confirmation that the US Gov only require 6 months work in a UK office before I can move to the USA?

Please help....I want to move to Florida really badly........


Originally Posted by Ivonne
As I said before, it's 6 months, not one year.



from:

http://www.murthy.com/news/UDovrbl1.html
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