## Form I-129S, Explained

A GUIDE TO THE TIMELINE, COST, AND REQUIREMENTS TO FILE THE “Nonimmigrant Petition Based on Blanket L Petition” FORM

## What is Form I-129S?

Form I-129S, officially called the “Nonimmigrant Petition Based on Blanket L Petition,” is used by employers to sponsor foreign workers transferring to the U.S. as intracompany transferees under an approved L-1 Blanket Petition. This allows eligible employees to apply for L-1 visas at U.S. consulates abroad.

###### What’s a Blanket Petition?

A **blanket petition** is a pre-approved petition by U.S. Citizenship and Immigration Services (USCIS) that allows qualifying multinational companies to transfer certain employees more easily under the [L-1 visa](https://www.boundless.com/immigration-resources/l-1-visa-explained) program.

## Eligibility for Form I-129S

### Employers

- Must have an approved L-1 Blanket Petition.
- Be a qualifying multinational company. [See more about what type of organization qualifies.](http://employers%20%20must%20have%20an%20approved%20l-1%20blanket%20petition.%20be%20a%20qualifying%20multinational%20company.%20employees%20%20must%20have%20worked%20for%20the%20employer%20abroad%20for%20at%20least%20one%20continuous%20year%20within%20the%20past%20three%20years.%20must%20be%20transferring%20to%20a%20u.s.%20branch%20to%20work%20as%20a%20manager,%20executive,%20or%20specialized%20knowledge%20worker./)

### Employees

- Must have worked for the employer abroad for at least one continuous year within the past three years.
- Must be transferring to a U.S. branch to work as a manager, executive, or specialized knowledge worker.

## Processing Time

The processing time for Form I-129S varies depending on the consulate. You can check the specific consulate’s website for current processing times.

## Cost

Form I-129S itself does not have a direct filing fee. However, there are associated costs depending on the circumstances. Employees applying for at a U.S. consulate must pay the visa application fee, which is $205. Additionally, employers are required to pay a Fraud Prevention and Detection Fee of $500 for first-time L-1 visa issuance under the blanket petition. A reciprocity may also be required, depending on the applicant’s home country.

If an employer uses premium processing to expedite the application, there is an additional fee of $2805.

## Supporting Documents

When filing Form I-129S, both the employer and the employee must provide a set of documents to prove they are eligible for the L-1 visa under the blanket petition. Applicants and employers must include:

1. **Completed Form I-129S**
   - This form must be filled out accurately, with all required fields completed. The information should clearly outline the job role, the employee’s qualifications, and the company’s eligibility under the blanket petition.
2. **Copy of the Approved L-1 Blanket Petition**
   - Employers must provide the approval notice ([Form I-797](https://www.boundless.com/immigration-resources/i-797-notice-of-action-explained)) for the company’s blanket L petition. 
3. **Evidence of Qualifying Employment Abroad**
   - To demonstrate that the employee worked for the company abroad for at least one continuous year within the past three years, provide:
     - Pay stubs or tax records from the foreign company.
     - [Employment verification letter](https://www.boundless.com/immigration-resources/employment-verification-letter-explained) stating the employee’s job title, duties, and duration of employment.
     - Organizational charts showing the employee’s position within the company.
4. **Evidence of the U.S.-Foreign Company Relationship**
   - To prove the relationship between the U.S. company and the foreign entity, include documents such as:
     - Articles of incorporation or other legal documentation showing ownership structures.
     - Annual reports or financial statements showing common ownership or control.
     - Franchise agreements or other contracts that establish the business relationship.
5. **Proof of Specialized Knowledge or Managerial/Executive Role**
   - If the employee is transferring as a specialized knowledge worker, provide detailed job descriptions, training certificates, or evidence of unique skills critical to the company.
   - For managerial or executive roles, include organizational charts, job descriptions, or letters from senior executives outlining the employee’s responsibilities and decision-making authority.
6. **Passport and Identity Documents**
   - A valid passport for the employee and copies of any prior L-1 or other visa stamps should be included to verify identity and visa history.
7. **Educational and Professional Credentials**
   - Include degrees, certifications, or licenses relevant to the employee’s job role, particularly for specialized knowledge workers.
8. **Job Offer Letter or Assignment Letter**
   - Provide a letter detailing the employee’s new role in the U.S., including responsibilities, salary, and how the role aligns with the company’s operations.

## Common Mistakes to Avoid

- **Incorrect or Missing Information:** Ensure all fields on Form I-129S are accurately completed.
- **Insufficient Evidence:** Failing to provide required documentation can lead to delays or denials.
- **Outdated Form:** Always use the latest version of Form I-129S from the USCIS website.
- **Misclassification:** Ensure the employee’s role aligns with the L-1 visa requirements (manager, executive, or specialized knowledge).
- **Missed Deadlines:** Submit the application well before the intended start date to avoid processing delays.

### FAQs

**Can dependents of L-1 employees apply for visas?**
Yes, dependents (spouse and children under 21) can apply for L-2 visas. Spouses may also apply for work authorization.

**Can I file Form I-129S online?**
No, Form I-129S must be submitted physically along with supporting documents.

**Is there a limit to how many times I can use the L-1 Blanket Petition?**
No, as long as the petition remains valid and the employee meets eligibility requirements.

**Can an employee change employers while on an L-1 visa?**
No, the L-1 visa is employer-specific. A new petition must be filed if changing employers.

**How long can you stay in the U.S. on an L-1 visa?**
L-1 visa holders can stay for an initial period of up to 1 year (L-1B) or 3 years (L-1A), with extensions available.
