International Company Transferees: Applying for an L-1 Visa Based Upon Blanket L-1 Program Approval

If an employer has been approved for participation in the L-1 Blanket Program, all qualifying employees may apply for an L-1 visa directly at an overseas U.S. embassy or consulate. This eliminates the filing an L-1 petition with the U.S. Citizenship and Immigration Services (USCIS). This greatly expedites the transfer of personnel to the United States.

Every U.S. embassy and consulate has its own special rules for visa applications. It is essential to review the procedures prior to the L-1 visa application. All overseas U.S. embassies and consulates require a personal interview prior to the issuance of an L-1 visa.

When submitting the L-1 visa application, a Form DS-156 must be submitted along with three Form I-129S, three copies of the corporation’s Blanket L-1 Form I-797, Approval Notice and all supporting evidence. If the L-1 visa applicant is a male between the ages of 16 and 45, a Form DS-157 is also required. Any spouse and each unmarried child under the age of 21-years old must also submit a Form DS-156 to apply for an L-2 visa. Each male child between the ages of 16 and 20 must also submit a Form DS-157.

L-1/L-2 visas will normally be issued for a period of three years. Further, most visas are issued allowing multiple entries. However, due to agreements between the United States and certain countries, the validity period may be less and entries may be limited to a specific number.

In addition, the L-1 visa holder will receive two original consular officer endorsed Form I-129Ss. These documents are needed for the initial entry into the United States.

If the L-1/L-2 visa applicant is Canadian, he/she is not required to apply for a visa at an overseas U.S. embassy or consulate. He/She need only apply for an L-1/L-2 admission stamp at a U.S. port of entry for admission using the corporation’s Blanket L-1 Form I-797, Approval Notice and any supporting evidence.

Entering the United States after L-1 Blanket Visa Issuance

Upon admission into the United States, at the port of entry, the L-1 visa holder must present the two original consular officer endorsed Form I-129S along with the person’s passport and visa and completed Form I-94 to the Immigration Inspector who will stamp both Form I-129S and return one to the L-1 visa holder. In addition, the L-1 and L-2 visa holders are issued a Form I-94, Arrival/Departure Card indicating L-1 or L-2 status, respectively. The Form I-94 records the date and place of admission into the United States, the visa classification and the date the authorized stay in the United States expires.

The Form I-94 is normally issued to the expiration date of the L-1 visa. However, if the L-1 or L-2 visa holder’s passport has an earlier expiration date, it is likely that the Form I-94 will have an expiration date corresponding with the passport expiration date. Further, it should be noted that errors in the issuance of Form I-94s are common. Accordingly, it is critical that a person review the information on the Form I-94 upon each and every entry into the United States.