9 FAM 402.12 (U) INTRACOMPANY TRANSFEREES (2024)

UNCLASSIFIED (U)

9 FAM 402.12

(U) Intracompany Transferees - L Visas

(CT:VISA-1980; 04-29-2024)
(Office of Origin: CA/VO)

9 FAM 402.12-1 (U) RelatedStatutory and Regulatory Authority

9 FAM 402.12-1(A) (U) Immigrationand Nationality Act

(CT:VISA-1084; 06-16-2020)

(U) INA 101(a)(15)(L) (8 U.S.C.1101(a)(15)(L)); INA 101(a)(32) (8 U.S.C. 1101(a)(32)); INA 101(a)(44) (8U.S.C. 1101(a)(44)); INA 214(b) (8 U.S.C. 1184(b)); INA 214(c) (8 U.S.C.1184(c)); INA 214(h) (8 U.S.C. 1184(h)); INA 214(j) (8 U.S.C. 1184(j)).

9 FAM 402.12-1(B) (U) Code ofFederal Regulations

(CT:VISA-1084; 06-16-2020)

(U) 22 CFR 41.54.

9 FAM 402.12-1(C) (U) PublicLaw

(CT:VISA-1475; 02-18-2022)

(U) 1970 amendments to the Immigrationand Nationality Act (Public Law 91-225); Sections 123, 205(b) and 206 of The ImmigrationAct of 1990 (IMMACT) (Public Law 101-649); L Visa Reform Act of 2004 (PublicLaw 108-447); Consolidated Appropriations Act, 2016 (Public Law 114-113).

9 FAM 402.12-2 (U) Overview of Lvisas

(CT:VISA-1847; 10-06-2023)

a. (U) “Intracompanytransferee” means an applicant who, within three years preceding the timeof their application for admission into the United States, has been employedabroad continuously for one year by a firm, corporation, or other legal entityor parent, branch, affiliate, or subsidiary thereof, and who seeks to enter theUnited States temporarily to render their services to a branch of the sameemployer or a parent, affiliate, or subsidiary thereof, in a capacity that ismanagerial, executive, or involves specialized knowledge. An individual orblanket petition, approved by USCIS, is a prerequisite for L visa issuance.

b. (U) Section 1(b) of PublicLaw 91-225 of April 7, 1970, created an NIV classification at INA 101(a)(15)(L)for intracompany transferees. The L nonimmigrant classification was created topermit international companies to temporarily transfer qualified employees tothe United States to improve management effectiveness, expand U.S. exports, andenhance competitiveness in markets abroad.

c. (U) INA 101(a)(15)(L) wasamended for the first time by the Immigration Act of 1990 (Public Law 101-649of November 29, 1990) to provide that the required one year continuous prioremployment with the petitioner take place within three years, rather thanimmediately preceding the time of the individual's application for admissioninto the United States.

9 FAM 402.12-3 (U) ClassificationCodes

(CT:VISA-1828; 09-12-2023)

a. (U) 22 CFR 41.12 identifiesthe following visa classification symbols for intracompany transfers inaccordance with INA 101(a)(15)(L):

b. (U) Within the L-1classification, there are two sub-classifications:

9 FAM 402.12-4 (U) ClassificationCriteria for Intracompany Transferees

9 FAM 402.12-4(A) (U) IndividualPetitions

(CT:VISA-1964; 04-04-2024)

(U) The following elements must beconsidered in evaluating entitlement to L-1 classification in individualpetition cases:

(1) (U) The petitioner is thesame firm, corporation, or other legal entity, or parent, branch, affiliate, orsubsidiary thereof, for whom the beneficiary has been employed abroad;

(2) (U) The beneficiary is amanager, executive, or an employee having specialized knowledge, and isdestined to a managerial or executive position or a position requiringspecialized knowledge (see 9 FAM402.12-12 below);

(3) (U) If the L-1Bbeneficiary will primarily work offsite at an unaffiliated employer location,the petitioner must have control and supervision over the beneficiary, and thebeneficiary’s specialized knowledge must be necessary to perform the workbeing supplied to the end-client (for information on third party worksites, see9 FAM402.12-10 below);

(4) (U) The petitioner will continueto do business in the United States and at least one other country (see 9 FAM 402.12-8below);

(5) (U) The beneficiary meetsthe requirement of having been employed abroad for one continuous year withinthe three years preceding the petitioner's filing of the initial L-1 petition orother employment-based NIV petition (such as an H-1B petition) specificallyseeking the beneficiary's services to work for a qualifying organization in theUnited States (see 9 FAM402.12-11 below);

(6) (U) If the beneficiary iscoming to open, or be employed in, a new office, and the requirements describedin 9 FAM402.12-9 below are met;

(7) (U) If the beneficiary is destinedto a position requiring specialized knowledge, their period of stay in theUnited States in L or H nonimmigrant status has not exceeded the five-year maximumallowable period of stay (see 9 FAM402.12-14(C) below);

(8) (U) If the beneficiary is destinedto a position requiring managerial or executive capacity, their period of stay inthe United States in L or H nonimmigrant status has not exceeded the seven-yearmaximum allowable period of stay (see 9 FAM402.12-14(C) below);

(9) (U) If the beneficiary waspreviously an exchange visitor and subject to the two-year foreign residencerequirement, they have fulfilled the requirement, or such requirement has beenwaived (see 9 FAM402.12-18 below and 9 FAM302.13-2(B)(1));

(10) (U) The beneficiary is notsubject to INA 214(b) and is not required to have a residence abroad which theyhave no intention of abandoning (see 9 FAM402.12-13 below).

9 FAM 402.12-4(B) (U) BlanketPetitions

(CT:VISA-1976; 04-23-2024)

(U) The following elements must beconsidered in evaluating eligibility for L-1 classification in blanket petitioncases:

(1) (U) The petitioner is thesame firm, corporation, or other legal entity, or parent, branch, affiliate, orsubsidiary thereof, for whom the beneficiary has been employed abroad and the entitiesmeet the requirements of size, structure, and scope of business activities forapproval of L blanket petitions (see 9 FAM402.12-7(A) below);

(2) (U) The beneficiary is amanager, executive, or specialized knowledge professional and is destined to aposition for a manager, executive, or specialized knowledge professional (see 9 FAM402.12-12 below);

(3) (U) If the L-1Bbeneficiary will primarily work offsite at an unaffiliated employer location,the petitioner must have control and supervision over the beneficiary, and thebeneficiary’s specialized knowledge must be necessary to perform the workbeing supplied to the end-client (see 9 FAM402.12-10 below);

(4) (U) The petitioner willcontinue to do business in the United States and at least one other country(see 9 FAM402.12-8 below);

(5) (U) The beneficiary meetsthe requirement of having had one year of continuous employment with aqualifying employer in the three years preceding the application for the L visa(see 9FAM 402.12-7(B) paragraph c);

(6) (U) The beneficiary is notcoming to open or be employed in a new office (see 9 FAM402.12-7(B) below); and

(7) (U) The petitioner has notfiled an individual L petition for the beneficiary (see 9 FAM402.12-7(G) below).

(8) (U) If the beneficiary is destinedto a position for a specialized knowledge professional, their period of stay inthe United States in L or H nonimmigrant status has not exceeded the five-year maximumallowable period of stay (see 9 FAM402.12-14(C) below);

(9) (U) If the beneficiary is destinedto a managerial or executive capacity, their period of stay in the UnitedStates in L or H nonimmigrant status has not exceeded the seven-year maximumallowable period of stay (see 9 FAM402.12-14(C) below);

(10) (U) If the beneficiary waspreviously an exchange visitor and subject to the two-year foreign residencerequirement, they have fulfilled the requirement, or such requirement has beenwaived (see 9 FAM302.13-2(B)(1));

(11)(U) The beneficiary is notsubject to INA 214(b) and is not required to have a residence abroad which theyhave no intention of abandoning (see 9 FAM402.12-13 below).

(12)(U) See 9 FAM402.12-7 below for a full description of the qualifying requirements andprocessing procedures for blanket petition cases.

9 FAM 402.12-5 (U) DHS PetitionAdjudications

9 FAM 402.12-5(A) (U) DHS isResponsible for Adjudicating L Petitions

(CT:VISA-1637; 10-13-2022)

a. (U) By mandating apreliminary petition, Congress placed responsibility and authority with DHS todetermine whether the requirements for L status, which are examined in thepetition process, have been met.

b. (U) An approvedpetition is a pre-requisite for visa issuance. You must verify that there isan approved petition for every L visa application. Follow the steps in 9 FAM402.12-6(B) or 9 FAM 402.12-7(C) to verify the approval of the petition.

9 FAM 402.12-5(B) IndividualPetitions

(CT:VISA-1311; 06-30-2021)

a. An employer must file Form I-129, Petition for aNonimmigrant Worker, with DHS to accord status as an intracompany transferee.Form I-129 is also used to request extensions of petition validity andextensions of stay in L status. The form must be filed with the USCIS ServiceCenter that has jurisdiction over the location where the beneficiary willperform services in accordance with the information found on the USCIS websitefor I-129 direct filing.

b. USCIS approves individual L petitions, except thoseinvolving new offices, initially for the period of established need for thebeneficiary’s services, not to exceed three years. If the beneficiary iscoming to the United States to open or be employed in a new office, USCIS willapprove the petition for a period not to exceed one year. See 9 FAM402.12-9(D) below.

c. To extend the validity of an individual L petition,the petitioner must file Form I-129, Petition for a Nonimmigrant Worker, withthe jurisdictional USCIS Service Center. A petitioner may file for anextension only if the validity of the original petition has not expired.

9 FAM 402.12-5(C) (U) BlanketPetitions

(CT:VISA-1637; 10-13-2022)

a. (U) Certain petitionersseeking the classification of multiple beneficiaries as intracompanytransferees may file a single blanket petition with DHS. Qualified petitionersmust use Form I-129 to file for approval of a blanket petition with the USCISService Center having jurisdiction over the area where the petitioner islocated. Form I-129 must also be filed in advance with the appropriate USCISService Center for Canadian citizens who wish to enter the United States as Lnonimmigrants under the blanket petition provision. The USCIS Service Centeris required to notify the petitioner of the approval of a blanket petitionwithin 30 days after a completed petition has been filed.

b. (U) An approved L blanketpetition is valid initially for three years and may be extended indefinitelythereafter if the qualifying organizations have complied with the regulationsgoverning the blanket petition provision. To request indefinite petition validity,the petitioner must file a new Form I-129, Petition for a Nonimmigrant Worker,along with a copy of the previous approval notice Form I-797, Notice of Action,and a report of admissions during the preceding three years. This report mustinclude a list of the employees admitted during the preceding three years, the positions held, the employing entity orentities, and the dates of initial admission and final departure of each employee.The petitioner must establish that it still meets the criteria for filing ablanket petition and must document any changes in the business relationshipslisted on the original petition and any additional qualifying organizations itwishes to add.

c. (U) Once the initialthree-year validity of a blanket petition has expired, if the petitioner failsto request an indefinite validity blanket petition, or if the request forindefinite validity is denied, the petitioner and its other qualifyingorganizations must file individual petitions on behalf of its employees untilanother three years have elapsed. Thereafter, the petitioner may seek approvalof a new blanket petition.

9 FAM 402.12-5(D) (U) PetitionApproval

(CT:VISA-1637; 10-13-2022)

(U) DHS uses Form I-797, Notice ofAction, to notify the petitioner that the L petition filed by the petitionerhas been approved. DHS must notify the petitioner of the approval of anindividual or blanket petition within 30 days after a completed petition hasbeen filed. Form I-797 is also used to advise the petitioner that an extensionof petition validity and extension of stay in L status for the employee hasbeen granted. The petitioner may furnish Form I-797 to the employee to make avisa appointment, or to facilitate the employee’s entry into the UnitedStates, either initially or after a temporary absence abroad during theemployee’s stay in L status. For visa applications under a blanketpetition, the applicant must submit the I-797 approval notice showing the listof approved entities with Form I-129S (see 9 FAM402.12-7(C) below for more information).

9 FAM 402.12-5(E) (U) IndividualPetitions for Canadian Citizens

(CT:VISA-1976; 04-23-2024)

a. (U) A U.S. or foreignemployer seeking to classify a citizen of Canada as an intracompany transfereemay file an individual petition in duplicate on Form I-129, Petition for aNonimmigrant Worker, with CBP in conjunction with the Canadian citizen’sapplication for admission. A Canadian citizen may present Form I-129, alongwith supporting documentation, to an immigration officer at a Class A port ofentry (POE) located on the United States-Canada border or a U.S. pre-clearancestation in Canada when applying for admission. The petitioning employer neednot appear, but the Form I-129 must bear the authorized signature of thepetitioner.

b. (U) The availability of theabove procedure does not preclude the advance filing of an individual petitionwith DHS, in which case the beneficiary may present a copy of the approved FormI-797, Notice of Action, at a POE.

9 FAM 402.12-6 (U) AdjudicatingIndividual L Visa Applications

9 FAM 402.12-6(A) (U) Effectof an Approved Individual Petition on Visa Adjudication

(CT:VISA-1976; 04-23-2024)

a. (U) An approved individualpetition is prima facie evidence that the requirements for visa classification,which are examined by a USCIS adjudicator during the petition process, havebeen met. However, the approval of a petition by USCIS does not relieve the visaapplicant of the burden of establishing eligibility for the visa. You shouldattempt to confirm the facts in the petition are true during the visainterview. Remember USCIS interacts solely with the petitioner; the interviewis the first point during the petition-based visa process where a United Statesgovernment representative interacts with the beneficiary of the petition. Additionally,you benefit from cultural and local knowledge adjudicators at USCIS may notpossess, making it easier to spot misrepresentation in a visa applicant'squalifications for L status.

b. (U) If you know or havereason to believe an applicant applying for a visa under INA 101(a)(15)(L) isnot entitled to the classification as approved in the petition, refuse the caseunder INA 221(g), and explain to the applicant you intend to return thepetition to USCIS for reconsideration, providing an explanation of the relevantfacts to the extent possible. See 9 FAM601.13-3(C). Then, forward Form DS-3099, NIV Petition Revocation RequestCover Sheet, the petition, all pertinent documentation, and a writtenmemorandum of the evidence in Microsoft Word format supporting the request forreconsideration to the Kentucky Consular Center (KCC) atKCCI129Revocations@state.gov. The KCC will then forward the request to theapproving USCIS Service Center. For more information on refusing L visas see 9 FAM 601.13.

9 FAM 402.12-6(B) (U)Verifying Petition Approval

(CT:VISA-1976; 04-23-2024)

a. (U) PIMS or PCQS are the resourcesavailable to you to confirm that a petition has been approved. You may use an approvedForm I-129 or Form I-797 presented by the applicant as sufficient proof toschedule a visa interview or you may schedule an interview based on theapplicant’s confirmation that the petition has been approved, but an Lvisa must not be issued to a potentially eligible applicant unless the petitionis approved in PIMS or PCQS.

b. Unavailable.

c. (U) If PIMS does notcontain the petition approval, you can check PCQS (found in the CCD under the OtherAgencies/Bureaus tab) for confirmation that USCIS has approved the petition beforesending an email to KCC to confirm that such petition has been approved and isin PIMS. In PCQS, under Search Criteria, select Receipt Number; then enter thenumber from the Form I-797; e.g., EAC1234567890. Select Receipt Number in thesearch type and select CLAIMS 3 as the system. Navigate to the CLAIMS 3 recordand confirm USCIS approved the petition along with the validity dates. Thepresence of a CLAIMS 3 record alone is not indicative of its approval. If you finda petition approval in PCQS that was not in PIMS, you should send an email to PIMS@state.govas follows: "Petition with Receipt Number EAC1234567890 was found in PCQSbut not in PIMS." In the event the case is not available within two days,you should contact the KCCFPM@state.gov mailbox. You may not issue an L visato an eligible applicant without verification of petition approval eitherthrough PIMS or PCQs.

d. (U) If you are unable tolocate information on a specific petition either through PIMS or PCQS, you mustsend an email to PIMS@state.gov. KCC will research approval of the petitionand, if able to confirm its approval, will make the details available throughthe CCD within two working days. If the petition is not available before the visainterview, you may submit requests to KCC no more than five working days beforethe scheduled interview date. You must check PIMS before submitting a requestto PIMS@state.gov. KCC will check the USCIS CLAIMS database and will uploadthe CLAIMS report into PIMS so that you can proceed with the scheduledinterview. Always conduct a PIMS query before sending in these specialrequests to avoid overburdening KCC.

9 FAM 402.12-6(C) (U) RequiredAnnotations for Individual Petition L Visas

(CT:VISA-1475; 02-18-2022)

(U) L visas issued forbeneficiaries of an individual petition must be annotated for the principal applicantand for any derivative spouse or child. The annotation should state the nameof the company or qualifying entity the applicant will be working for as it islisted in the PIMS or PCQS record as well as the petition receipt number andexpiration date. The second annotation line should be retained for anynecessary clearance or waiver information, or duration and purpose informationwhen visa validity is limited, see 9 FAM 403.9-5.

(1) (U) Example Principal IndividualL Annotations:

MUST PRESENT I-797 AT POE

“Clearance received on (date)" or"212(D)(3)(A): <waiver information>"

PN-[PETITIONER NAME]

P#-[PETITION RECEIPT NUMBER] PED-[PETITIONEXPIRATION DATE]

(2) (U) Individual L DerivativesAnnotations:

P.A.: JOHN DOE

“Clearance received on (date)" or"212(D)(3)(A): <waiver information>"

PN-[PETITIONER NAME]

P#-[PETITION RECEIPT NUMBER] PED-[PETITIONEXPIRATION DATE]

9 FAM 402.12-6(D) (U) TheProcedure for Refusing Individual Petition L Visas

(CT:VISA-1084; 06-16-2020)

(U) For general information on NIVrefusals, see 9FAM 403.10.

9 FAM 402.12-6(E) (U) ReferringApproved L Petitions to DHS for Reconsideration

(CT:VISA-1475; 02-18-2022)

(U) If you know or have reason tobelieve an applicant applying for a visa under INA 101(a)(15)(L) is notentitled to the classification as approved in the individual petition, you mustrefuse the case under INA 221(g) and explain to the applicant that you intendto return the petition to USCIS for reconsideration, providing an explanationof the relevant facts to the extent possible. Then, submit a Form DS-3099, NIVPetition Revocation Request Cover Sheet along with the petition, all pertinentdocumentation, and a written memorandum of the evidence in Microsoft Wordformat to the Kentucky Consular Center (KCC) using the email addressKCCI129Revocations@state.gov. The KCC will forward the request to theapproving USCIS Service Center. For more information on returning anindividual L petition to USCIS for reconsideration and revocation, see 9 FAM601.13-3(C).

9 FaM 402.12-7 (U) ADjudicating BlanketL Visa applications

9 FAM 402.12-7(A) (U) Requirementsfor Petitioners to File a Blanket Petition

(CT:VISA-1637; 10-13-2022)

a. (U) A U.S. petitioner thatmeets the following requirements may file a blanket petition seeking continuingapproval of itself and its specified parent, branches, subsidiaries, andaffiliates as qualifying organizations which plan to seek to transfer employeesto the United States as nonimmigrants under INA 101(a)(15)(L):

(1) (U) The petitioner andeach of the specified qualifying organizations are engaged in commercial tradeor services;

(2) (U) The petitioner has anoffice in the United States that has been doing business for one year or more;

(3) (U) The petitioner hasthree or more domestic and foreign branches, subsidiaries, or affiliates; and

(4) (U) The petitioner and theother qualifying organizations:

(a) (U) Have obtained approvalof petitions for at least ten “L” managers, executives, orspecialized knowledge professionals during the past 12 months; or

(b) (U) Have U.S. subsidiariesor affiliates with combined annual sales of at least $25 million;

(c) (U) Have a U.S. work forceof at least 1,000 employees.

b. (U) The blanket petitionprovision is meant to serve only relatively large, established companies havingmulti-layered structures and numerous related business entities. Suchcompanies usually have an established program for rotating personnel. Thecriteria to qualify for blanket petitions are formulated to exclude small andnonprofit organizations. Such organizations must continue to file anindividual petition for each beneficiary.

9 FAM 402.12-7(B) (U) Requirementsfor Beneficiaries

(CT:VISA-1976; 04-23-2024)

a. (U) The blanket petitionprovision is available only to managers, executives, and specialized knowledgeprofessionals (see 9 FAM402.12-12 below) who are destined to work in an established office in theUnited States (i.e., applicants seeking to open or be employed in a“new” office (see 9 FAM 402.12-9)do not qualify). Applicants who possess specialized knowledge, but who are notspecialized knowledge professionals, must obtain L-1 status through anindividual petition. For information on specialized knowledge professionalsversus individuals having specialized knowledge, see 9 FAM402.12-12(D) below. An applicant maynot apply for a visa under the blanket petition procedure if an individualpetition has been filed on their behalf by the same petitioner.

b. (U) Since the individualbeneficiaries of blanket petitions are not named in the petition, theireligibility for L classification is not examined by DHS. Consequently, you(or, in the case of Canadians with an approved blanket petition, a CBP officerat the POE) are responsible for verifying the qualifications of applicants forL classification in blanket petition cases. See paragraph c of this sectionbelow.

c. (U) You have the authorityand responsibility for verifying the qualifications of individual managers,executives, and specialized knowledge professionals who are seeking Lclassification under the blanket petition provision, and who are outside theUnited States and require visas. In addition to presenting the required numberof copies of Forms I-129S and Form I-797, (see 9 FAM402.12-7(C) and 9 FAM402.12-7(D) below), the applicant must establish that they are either amanager, executive, or specialized knowledge professional employed by aqualifying organization. You must determine that the position in the UnitedStates is with the organization named on the approved petition, that the job isfor a manager, executive, or specialized knowledge professional, and that theapplicant has the requisite employment with the organization abroad for oneyear within three years of the date of application for the visa.

9 FAM 402.12-7(C) (U) Requirementsfor Verifying Beneficiary Eligibility

(CT:VISA-1637; 10-13-2022)

a. (U) You must review FormI-129S for applicants applying under a blanket petition. An original,photocopied, faxed, or scanned copy of the handwritten signature on the form areall valid.

b. (U) A copy of the FormI-797, Notice of Action, notifying the petitioner of the approval of theblanket petition (which will identify the organizations included in thepetition) must be attached to each copy of Form I-129S. You must review thelist of organizations on the I-797 to ensure that the employer abroad and theemployer in the United States are entities approved by USCIS.

9 FAM 402.12-7(D) (U) CanadianCitizens Seeking L Classification Under Blanket Petitions

(CT:VISA-1847; 10-06-2023)

(U) Citizens of Canada seeking Lclassification under a blanket petition must present three copies of FormI-129S along with three copies of the Form I-797, to an immigration officer ata Class A POE on the United States-Canada border or a U.S. pre-clearancestation in Canada. The availability of this procedure does not preclude theadvance filing of Form I-129S with the USCIS Service Center where the blanketpetition was approved.

9 FAM 402.12-7(E) (U) Procedurefor Issuing Blanket Petition L Visas

(CT:VISA-1976; 04-23-2024)

a. (U) DHS regulations providethat you may grant L classification only in "clearly approvable"applications. You may issue blanket petition-based L visas only when you aresatisfied that:

(1) (U) Credible documentation establishesthe following:

(a) (U) The applicant has beencontinuously employed full-time by an entity listed on the blanket petitionapproval notice for at least one year within the three years immediatelypreceding the application for the L visa. If, immediately before applying foran L visa, an applicant was present in the United States as a principalbeneficiary of an employment-based nonimmigrant petition working for a branchof the same employer or a parent, affiliate, or subsidiary thereof, you shouldconsider the three years immediately preceding the applicant's admission to theUnited States or change of status under that other status;

(b) (U) The applicant wasrendering services in a capacity that is managerial, executive, or involvesspecialized knowledge throughout that year. An applicant qualifying forrendering services in a capacity involving specialized knowledge must qualifyas a specialized knowledge professional; see 9 FAM402.12-7(B) above and 9 FAM 402.12-12(D)below; and

(c) (U) The applicant isdestined to render services in such a capacity (it need not be the same role orjob title as the foreign employment), as identified on Form I-129S, and for anorganization in the United States listed on the blanket petition approval notice(Form I-797); and

(2) (U) The applicant meetsall other requirements; and

(3) (U) There are noindications of fraud or willful misrepresentation affecting the approvabilityof the underlying petition or the applicant's eligibility for L nonimmigrantstatus.

b. (U) The applicant bears theburden of proof to show that they are entitled to L-1 classification under ablanket petition. You may only issue a visa if you are satisfied the applicanthas presented you with evidence establishing that they fulfill the requirementsabove in 9FAM 402.12-7(E) paragraph a. If youhave any doubt whether an applicant has fulfilled the burden of proof, you mustdeny the visa by following the procedures set forth below in 9 FAM402.12-7(F) below:

(1) (U) You must be carefuland thorough in your adjudication to ensure that the applicant meets allrequirements for a blanket-petition L visa. Your interview is the only time inthe petition and visa process during which a U.S. government representativewill interact with the applicant. You benefit from cultural and localknowledge, making it easier to spot misrepresentations in qualifications.

(2) (U) If based on theapplicant's documentation, you reasonablybelieve the applicant has not provided sufficient proof that the applicationshould be approved, you may give the applicant the opportunity to respond toquestions or issues that may be quickly or easily resolved during theinterview. However, if the questions or issues cannot be resolved during theinterview, then you should deny the case per 9 FAM402.12-7(F) below.

c. (U) Required Annotations: Ifthe visa is issued, it should be annotated “Blanket L-1” for theprincipal applicant and “Blanket L-2” for any derivative spouse orchild. The annotation must also state the name of the petitioning entity onthe Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. You mustverify the name of the petitioning entity, either on the Blanket I-797 approvalnotice or in the Petitioner alias field in PIMS. The second annotation lineshould be retained for any necessary clearance or waiver information, orduration and purpose information when visa validity is limited, see 9 FAM 403.9-5.

(1) (U) Template for Blanket LAnnotations:

BLANKET L-1; MUST PRESENT I-129S AT POE

“Clearance received on (date)" or"212(D)(3)(A): <waiver information>"

PN-<PETITIONER NAME>

P#-<PETITION RECEIPT NUMBER> I-129S EXP: <EXPDATE>

(2) (U) Template for Blanket LDerivatives Annotations:

BLANKET L-2; P.A.: JOHN DOE

“Clearance received on (date)" or"212(D)(3)(A): <waiver information>"

PN-<PETITIONER NAME>

P#-<PETITION RECEIPT NUMBER> I-129S EXP: <EXPDATE>

d. (U) You must also endorsetwo copies of the applicant’s Form I-129S, Nonimmigrant Petition Based onBlanket L Petition. Scan one copy into the case in NIV and return one copy tothe applicant for their recordkeeping. Once a copy of the Form I-129S isscanned into the case, there is no requirement to keep a physical copy of theform, which can be destroyed. You must complete the "Validity Dates"box, the "Denial Reason" box, the interview/approval box, and the"Action Block" box to properly endorse the form. Proper endorsem*ntincludes noting the approval basis and adjudication date in the interview/approvalbox; listing the I-129S validity dates (in the Validity Dates box); and a post or officer stamp in addition to theadjudication officer’s initials or signature in the Action Block. At theinterview, advise the applicant to hand-carry this form with them to the POE.

e. (U) Determining Validity Dates ofI-129S Petition:

(1) (U) You must determine thevalidity dates for the I-129S petition. For initial Blanket L applicants, thevalidity end date should either be three years from the date of I-129S adjudicationor the end date requested on the "Dates of intended employment" inPart 2, question 2.b. of the Form I-129S by the petitioner, whichever is less.

(2) (U) For renewal Blanket Lapplicants, you must not only consider what the petitioner is requesting, butalso determine the applicant's remaining time under the maximum period of stayas outlined in 9 FAM402.12-14(C). To assist U.S. Customs and Border Protection (CBP) withensuring Blanket petition-based L visa applicants are not admitted beyond theirmaximum period of stay, you must limit the approval dates of the I-129S wheneverthe maximum period of stay will be reached before the dates requested by thepetitioner. For example, if a Blanket L-1A Executive or Manager has alreadyspent six years in L-1 status in the United States, you should limit theapproval of the I-129S to one year to ensure they are not admitted in excess ofthe seven-year maximum period of stay, even if the employer is asking for more time.

9 FAM 402.12-7(F) (U) Procedurefor Denying Blanket Petition-Based L Visa

(CT:VISA-1703; 02-23-2023)

a. (U) You must deny under INA221(g) any blanket petition-based L visa application that does not fulfill thequalifications for L classification under a blanket petition, as explainedabove in 9FAM 402.12-7(E) paragraph a above. Before denying an applicant applyingunder a blanket petition, you must consider the applicant's eligibility underthe L-1A Manager/Executive category and the L-1B Specialized KnowledgeProfessional category. If you determine the applicant is not clearlyapprovable for L classification under a blanket petition, your decision isfinal. The applicant may not reapply using the same blanket petition e.g., anL-1B who has been found not clearly approvable cannot reapply as an L-1A underthe same petition.

b. (U) You must record thereason for the decision on all copies of Form I-129S by writing "NCA"or "not clearly approvable" in the "Denial Reasons" box(shown in blue in the image above) under INA 221(g). Scan one copy into NIVand shred it; give one copy to the applicant for their records.

c. (U) The petitioner maycontinue to seek L classification for the applicant by filing a Form I-129,individual petition with the USCIS Service Center having jurisdiction over thearea of intended employment. The petition must state the reason why the applicantwas denied an L visa under the blanket procedure and must specify whichconsular office made the determination and the date of the decision.

d. (U) You must not sendBlanket L petitions back to USCIS for reconsideration and possible revocation.If you find that the beneficiary does not fulfill the qualifications for Lclassification under a blanket petition, you must deny the visa. BlanketPetitions are thoroughly vetted by USCIS, but in the rare event you identifyfraud trends involving the petitioner that call into question the validity ofthe Blanket Petition, report this information to CA/VO/F and CA/FPP.

9 FAM 402.12-7(G) (U) FilingIndividual L Petition Instead of Using Blanket Petition Procedure

(CT:VISA-1298; 06-04-2021)

(U) Although an applicant mightqualify to be a beneficiary of an L blanket petition, the petitioner may filean individual L petition on behalf of that applicant in lieu of using theblanket petition procedure. When exercising this option, the petitioner mustcertify that the applicant will not apply for a blanket L visa. The petitionerand other qualifying organizations listed on a blanket petition may not seek Lclassification for the same applicant under both procedures unless a consularofficer first denies eligibility under the blanket petition provision.

9 FAM 402.12-7(H) (U) ReassigningL Blanket Petition Beneficiary

(CT:VISA-1475; 02-18-2022)

(U) An applicant admitted under anapproved L blanket petition may be reassigned to any organization listed in theapproved petition during their authorized stay without referral to DHS, if the applicantwill be performing essentially the same job duties. If the applicant will beperforming different duties, the petitioner must complete a new Certificate ofEligibility Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, andfile it with the USCIS Service Center, which approved the blanket petition.

9 FAM 402.12-7(I) (U) BlanketL-1 Fees

(CT:VISA-1637; 10-13-2022)

a. (U) INA 214(c)(12)(B)requires the collection of a Fraud Prevention and Detection fee (item 25 in theSchedule of Fees) from applicants for L-1 visas who are covered under a blanketpetition for L status. All first-time blanket L applications under any FormI-129S, Nonimmigrant Petition Based on Blanket L Petition must pay both the MRVfee and the Fraud Prevention and Detection fee, regardless of whether a visa isissued. If a subsequent L-1 visa application is based on a new Form I-129S,you must collect the Fraud Prevention and Detection fee again. If you have feequestions, contact the Fee Team at CAFee-Team@state.gov.

b. (U) Consular sections must alsocollect the $4,500 Consolidated Appropriations Act fee from any applicants forblanket L-1 visas whose employers are subject to the fee. To determine if thepetitioning employer is subject to the fee, consult the two relevant questionsin Part 1 of Form I-129S:

(1) (U) Does the petitioneremploy 50 or more individuals in the United States?

(2) (U) If yes, are more than50 percent of the petitioner's employees in H-1B, L-1A, or L1-B nonimmigrantstatus?

c. (U) If the petitioneranswers “yes” to both questions, the Consolidated AppropriationsAct fee for blanket L-1 applications applies (L-2 derivatives are not subjectto the fee). If you determine that a first-time applicant must pay theConsolidated Appropriations Act fee, then the applicant must also pay the FraudPrevention and Detection fee. If the Consolidated Appropriations fee applies,direct the applicant to pay the additional fee on behalf of the petitioner tothe consular cashier at the time of application. Use ACRS code 20 for thispurpose. This fee for blanket L-1 visa applicants must be charged whether thevisa is issued or denied and applies in all first-time blanket L applicationsunder any I-129S petition. If the applicant loses their passport or has alimited validity and applies for a new visa before the expiration of the FormI-129S, do not collect the $4,500 fee for the re-use of the Form I-129S.However, if the petitioner files a new Form I-129S (for example, to extend theapplicant's petition after the initial three years) or if the L-1 applicationpresented by the applicant is based on a Form I-129S from another petitioner,then a new fee would be required. The Consolidated Appropriations Act fee isto be paid in addition to the $500 Fraud Prevention and Detection fee and theMRV fee.

9 FAM 402.12-7(J) (U) Effectof Blanket L-1 Fees on Reciprocity Fees

(CT:VISA-1703; 02-23-2023)

a. (U) You must collect from eachblanket L-1 applicant the Fraud Prevention and Detection fee and, if applicableunder the criteria in 9 FAM402.12-7(I) above, the ConsolidatedAppropriations Act fee.

b. (U) To maintain reciprocaltreatment regarding visas fees with the applicant’s country ofnationality, the Fraud fee and/or Consolidated Appropriations Act fees must bededucted from any applicable reciprocity fees. The reciprocity fee paid shouldbe the remainder of the cost after other applicable fees have been deducted. However,for a new DS-160 application, the applicant would be responsible for paying thereciprocity fee again.

c. (U) For example, if anapplicant has an $800 reciprocity fee, but has paid the $500 Fraud Preventionand Detection Fee, they would only be required to pay the remaining $300 of thereciprocity fee if the visa is issued. Conversely, if an applicant’sreciprocity fee was $400 and they paid the $500 fee, they would have no furtherreciprocity fee obligation if the visa is issued.

9 FAM 402.12-7(K) Unavailable

(CT:VISA-1298; 06-04-2021)

a. Unavailable.

b. Unavailable.

(1) Unavailable.

(2) Unavailable.

(3) Unavailable.

(4) Unavailable.

c. Unavailable.

(1) Unavailable.

(2) Unavailable.

9 FAM 402.12-8 (U) ALL PetitionerSMust be Doing Business in the United States and at Least One Other Country

9 FAM 402.12-8(A) (U) “DoingBusiness”

(CT:VISA-1298; 06-04-2021)

a. (U) A qualifyingorganization under INA 101(a)(15)(L) must, for the duration of the intracompanytransferee’s stay in the United States, be doing business (engaging ininternational trade is not required) as an employer in the United States and inat least one other country. (For employees coming to open or be employed in anew office in the United States, see 9 FAM 402.12-9below). Company representatives and liaison offices which provide services inthe United States, even if the services are to a company outside the UnitedStates, are included in the “doing business” definition and applicantswho perform such services may qualify for L-1 status.

b. (U) “Doingbusiness” means the regular, systematic, and continuous provision ofgoods and/or services by a qualifying organization and does not include themere presence of an agent or office of the qualifying organization in theUnited States and abroad.

9 FAM 402.12-8(B) (U) Transferto United States of Employees Unattached to Foreign Entity

(CT:VISA-1311; 06-30-2021)

(U) A U.S. company, which is doingbusiness as an employer in the United States and in at least one foreigncountry, can utilize the L classification to transfer to the United Statesemployees abroad who are unattached to a foreign entity, meaning they weredirectly employed by the U.S. company during the period of qualifyingemployment abroad. A foreign company or organization, however, must have, orbe in the process of establishing, a legal entity in the United States whichis, or will be, doing business as an employer to transfer an employee under INA101(a)(15)(L).

9 FAM 402.12-8(C) (U) OngoingInternational Nature of Organization

(CT:VISA-1311; 06-30-2021)

(U) 8 CFR 214.2(l) requires aqualifying organization to demonstrate its ongoing international nature. The Lclassification was not created for self-employed persons to enter the UnitedStates to continue self-employment (unless they are otherwise qualified for Lstatus), nor was the L classification intended to accommodate the completerelocation of foreign businesses to the United States.

9 FAM 402.12-9 (U) Opening ofNew Office

9 FAM 402.12-9(A) (U) QualifiedEmployees of New Offices May Receive L Status

(CT:VISA-1298; 06-04-2021)

a. (U) INA 101(a)(15)(L) doesnot require the beneficiary of an L petition to be coming for employment at apre-existing, U.S.-based office of the employer. An individual petition may beapproved for a beneficiary who is otherwise classifiable under INA101(a)(15)(L) and who is coming to establish an office (i.e., commencebusiness) in the United States for the petitioner. An applicant in amanagerial, executive, or specialized knowledge capacity may come to open or beemployed in a new office on an individual L visa.

b. (U) “New office”means an organization, which has been doing business in the United Statesthrough a parent, branch, affiliate, or subsidiary for less than one year.

9 FAM 402.12-9(B) (U) Managersand Executives Establishing or Joining New Office

(CT:VISA-1976; 04-23-2024)

a. (U) A petitioner who seeks Lclassification for a manager or executive coming to open or to be employed in anew office must submit evidence:

(1) (U) That sufficientphysical premises to house the new office have been secured;

(2) (U) That the beneficiarywas employed for one continuous year in the three years preceding the filing ofthe petition in an executive or managerial capacity and that the proposedemployment involves executive or managerial authority over the new operation;and

(3) (U) That the intended U.S.operation, within one year of approval of the petition, will support anexecutive or managerial position.

b. (U) While it is expectedthat a manager or executive in a new office will be more involved in day-to-dayoperations during the initial phases of the business, they must also haveauthority and plans to hire staff and have wide latitude in making decisionsabout the goals and management of the organization.

9 FAM 402.12-9(C) (U) Applicantswith Specialized Knowledge Establishing or Joining New Office

(CT:VISA-1298; 06-04-2021)

(U) A petitioner seeking the entryof an applicant with specialized knowledge to open or be employed in a newoffice must demonstrate that:

(1) (U) Sufficient physicalpremises to house the new office have been secured;

(2) (U) The business entity inthe United States is or will be a qualifying organization; and

(3) (U) The petitioner has thefinancial ability to remunerate the beneficiary and to commence doing businessin the United States.

9 FAM 402.12-9(D) (U) PetitionValidity for Employees of New Offices Limited to One Year

(CT:VISA-1703; 02-23-2023)

(U) USCIS will approve a petitionfor a qualified employee of a new office for a period not to exceed one year,after which the petitioner must demonstrate to USCIS that it is doing businessas defined in 9 FAM402.12-8(A) above, for USCIS to extend the petition and applicant’sstay beyond one year.

9 FAM 402.12-10 (U) Third PartyWorksites

(CT:VISA-1311; 06-30-2021)

a.(U) Under INA 214(c)(2)(F),an applicant who will serve in a capacity involving specialized knowledge andwill be stationed primarily at the worksite of an employer other than thepetitioning employer or its affiliate, subsidiary, or parent (i.e., theworksite of a third party, such as a client company) is not eligible for an Lvisa if:

(1) (U) The applicant will becontrolled and supervised principally by such unaffiliated employer; or

(2) (U) The placement of the applicantat the worksite of the unaffiliated employer is essentially an arrangement toprovide labor for hire for the unaffiliated employer, rather than a placementin connection with the provision of a product or service for which specializedknowledge specific to the petitioning employer is necessary.

b. (U) In cases involvingindividual petitions, the requirements of INA 214(c)(2)(F) related to thirdparty worksites have been examined by a USCIS adjudicator during the petitionprocess. Therefore, you must not re-adjudicate this issue, but do attempt toconfirm that the facts in the petition are true during the visa interview.Remember USCIS interacts solely with the petitioner; the interview is the firstpoint during the petition-based visa process where a USG representative caninteract with the beneficiary of the petition. Additionally, you benefit fromcultural and local knowledge that adjudicators at USCIS may not possess, makingit easier to spot misrepresentation.

9 FAM 402.12-11 (U) QualifyingExperience Requirement

(CT:VISA-1703; 02-23-2023)

a. (U) Continuous for One Year: WhileINA 101(a)(15)(L) requires the beneficiary of an intracompany transfereepetition to have been employed continuously by the petitioner, or by anaffiliate or subsidiary thereof, for one year within the three years precedingthe beneficiary’s application for admission into the United States, USCIShas provided guidance in Policy Memo 602-0167 clarifying that the proper pointfor determining the one-year qualifying experience requirement is the date thepetitioner files the initial L-1 or other employment-based NIV petition (suchas an H-1B petition) specifically seeking the beneficiary's services to workfor a qualifying organization in the United States (the starting point in theapplicant's application for admission to enable the beneficiary to work in theUnited States for the L-1 petition or a qualifying organization).

b. (U) Full-Time Employment:While not expressly stated in the INA or regulations, INA 101(a)(15)(L)contemplates that the beneficiary’s qualifying experience with thepetitioner must have been continuous full-time employment, and not continuouspart-time employment. Several years of part-time employment equaling one yearin aggregate cannot be viewed as meeting the requirement.

c. (U) Full-time servicesdivided among affiliated companies, each using the employee on a part-timebasis, however, constitute full-time employment if the aggregate time meets orexceeds the hours of a full-time position.

d. (U) Employment Abroad:

(1) (U) Thebeneficiary’s one year of qualifying experience with the petitioner mustbe wholly outside the United States. Time spent working for the petitioningfirm in the United States does not qualify.

(2) (U) Time spent in theUnited States working for the foreign employer or a parent, branch, affiliate,or subsidiary thereof, and brief trips to the United States for business orpleasure, do not interrupt the continuity of the one year of continuousemployment abroad for L-1 status, but do not count toward fulfillment of thatrequirement. Such periods spent in the United States may follow the year ofemployment abroad and immediately precede application for L-1 status, so longas the required one year of qualifying employment during the past three yearshas been served abroad. Time spent in the United States as a dependent--forexample, as an L-2 or E dependent spouse-- does not count as working"for" the qualifying organization.

e. (U) Calculating the One-YearQualifying Foreign Employment:

(1) (U) When calculating whetherthe petitioner has established the one-year foreign employment requirement, youshould first determine the dates the beneficiary worked abroad for thequalifying foreign entity. Next, determine if there have been any breaks inthe beneficiary's employment in the three years preceding the filing of the L-1petition, or other employment-based NIV petition, such as H-1B, that enabledthe beneficiary to work for a qualifying organization. Finally, subtract the breaksfrom the three-year period. If the result is a continuous one-year period inthe three years preceding the filing for the L-1 or such other employment-basedNIV petition, the one-year foreign employment requirement has been met.

(2) (U) If the beneficiaryspends time working for the qualifying organization in the United States (forexample, as an H-1B for the same organization), this will result in anadjustment of the three-year period when determining the one-year foreignemployment requirements. A beneficiary has worked for the qualifying organizationif they are employed as the principal beneficiary of an employment-basednonimmigrant petition or application (such as H-1B or E-2). For example, ifthe beneficiary worked for the qualifying organization in the United Statesfrom January 2, 2017, to January 2, 2018, as an H-1B nonimmigrant, and thepetitioner filed an L-1 petition on the beneficiary's behalf on January 2,2018, the relevant three-years will befrom January 1, 2014, to January 1, 2017. The time a beneficiary spent workingwhile in dependent status or as a student pursuant to Optional PracticalTraining (OPT) will not result in an adjustment of the three-year period.

9 FAM 402.12-12 (U) beneficiarymust seek to work in a managerial or executive capacity or one that requiresspecialized knowledge

9 FAM 402.12-12(A) (U) Natureof Services Performed and to be Performed

(CT:VISA-1637; 10-13-2022)

a. (U) To be classifiable underINA 101(a)(15)(L), the services performed by the applicant abroad, and those tobe performed in the United States, must involve either “managerialcapacity”, “executive capacity” or “specializedknowledge.” The beneficiary of a blanket petition must meet the higherstandard of being a “specialized knowledge professional”, ratherthan merely possessing specialized knowledge.

b. (U) Qualifying Positions: Thefollowing definitions in this section are used by DHS in evaluating thepositions to which L applicants are destined.

9 FAM 402.12-12(B) (U) Managerialor Executive Capacity

(CT:VISA-1637; 10-13-2022)

a. (U) An executive or managermay direct a function within an organization, in accordance with INA101(a)(44), defining “managerial capacity" and "executivecapacity." You may encounter this situation when an applicant does notsupervise or control the work of a subordinate staff but instead is primarilyresponsible for managing an essential function within the organization. If anapplicant claims that they will be managing an essential function, they mustprovide evidence describing in detail the duties to be performed in managingthe essential function, i.e., identify the function with specificity andestablish the proportion of the beneficiary's daily duties attributed tomanaging the essential function. In addition, the description of theapplicant's daily duties must demonstrate that the beneficiary manages thefunction rather than performs the duties related to the function. An employeewho "primarily" performs the tasks necessary to produce a product orto provide services is not "primarily" employed in a managerial orexecutive capacity. See INA 101(a)(44)(A) and (B) (requiring that one"primarily" perform the enumerated managerial or executive duties);see also Matter of Church Scientology lnt'l., 19 I&N Dec. 593,604 (Comm.1988).

b. (U) If a small ormedium-sized business supports a position wherein the duties are primarilyexecutive or managerial, it can qualify for an individual petition under the Lcategory. However, neither the title of a position nor ownership of thebusiness is, by itself, an indicator of managerial or executive capacity. Thesole employee of a company may qualify as an executive or manager, for L visapurposes, provided their primary function is to plan, organize, direct, andcontrol an organization’s major functions through other people.

c. (U) Factors that will helpyou assess the applicant's position are the number and job duties of peoplethat will directly or indirectly report to the applicant, whether theapplicant's supervisor is someone high within the company structure, whetherthe applicant's day-to-day duties resemble a manager's or an executive's (e.g.,overseeing the work of others, attending high-level or industry meetings onbehalf of the entity, etc.), and/or that the applicant will have the authorityto make significant decisions for the company.

9 FAM 402.12-12(C) (U) SpecializedKnowledge Capacity

(CT:VISA-1637; 10-13-2022)

a. (U) “Specializedknowledge” means special knowledge possessed by an individual of thepetitioning organization’s product, service, research, equipment,techniques, management, or other interests and its application in internationalmarkets, or an advanced level of knowledge or expertise in theorganization’s processes and procedures.

b. (U) To serve in aspecialized knowledge capacity, the applicant’s knowledge must bedifferent from or surpass the ordinary or usual knowledge of an employee in thefield and must have been gained through significant prior experience with thepetitioning organization. A specialized knowledge employee must have anadvanced level of expertise in their organization’s processes andprocedures or special knowledge of the organization, which is not readilyavailable in the United States labor market.

c. (U) Some characteristics ofan employee who has specialized knowledge are that they:

(1) (U) Possess knowledge thatis valuable to the employer’s competitiveness in the marketplace;

(2) (U) Are uniquely qualifiedto contribute to the U.S. employer’s knowledge of foreign operatingconditions;

(3) (U) Have been utilized asa key employee abroad and has been given significant assignments which haveenhanced the employer’s productivity, competitiveness, image, orfinancial position; and

(4) (U) Possess knowledge,which can be gained only through extensive prior experience with the employer.

9 FAM 402.12-12(D) (U) SpecializedKnowledge Professional Defined

(CT:VISA-1703; 02-23-2023)

a. (U) Specialized KnowledgeProfessional: To qualify as a “specializedknowledge professional,” an individual must 1) have specialized knowledgeas defined above and 2) be a member of a profession consistent with INA101(a)(32).

b. (U) To qualify under theblanket petition provision (see 9 FAM402.12-7(B) above), an applicant must be a manager, executive, orspecialized knowledge professional. For applicants applying under a blanketpetition as specialized knowledge professionals, you must be satisfied theymeet both qualifications listed in paragraph (a). If the applicant does notfulfill the qualifications for L classification under a blanket petition, youshould deny the visa under INA 221(g) and instruct the applicant the petitionermay continue to seek L classification for the applicant by filing an individualpetition on their behalf. See 9 FAM402.12-7(F) above. If an individual petition is approved by USCIS, theapplicant must reapply and submit a new MRV fee for the new L-1 visaapplication. An applicant applying under a blanket petition who claimsspecialized knowledge but who fails to present credible evidence to establish theyare a member of a profession does not fulfill the qualifications for Lclassification under a blanket petition. L-1A applicants applying under ablanket petition claiming managerial or executive qualifications do not need toshow they are members of a profession consistent with INA 101(a)(32).

c. (U) Evidence that an individual isa member of a profession for blanket L purposes: For an applicant tomeet the burden of proof they qualify under a blanket L petition, they mustestablish through credible evidence that theyhave specialized knowledge and are a member of a profession. INA 101(a)(32)states, “[t]he term ‘profession’ shall include but not belimited to architects, engineers, lawyers, physicians, surgeons, and teachersin elementary or secondary schools, colleges, academies, or seminaries.”Evidence an applicant is a member of a profession will vary case by casedepending on the applicant's unique circ*mstances. The following examples aremeant as guidance and therefore are not the exclusive means by which an applicantmay demonstrate that they are a professional for L-1B blanket purposes.Ultimately this determination is the responsibility of the adjudicating officerand qualifying evidence is not limited to these examples:

(1) (U) A bachelor’sdegree, or a prolonged course of instruction and study equivalent to thebaccalaureate level, that is a realistic prerequisite to practice a professionlisted in INA 101(a)(32);

(2) (U) For occupations notlisted in INA 101(a)(32), a bachelor’s degree and evidence showing abaccalaureate level degree is required for entry into the occupation. You mayconsult the Occupational Outlook Handbook, published by the Bureau of LaborStatistics and available online, for assistance in determining if an occupationmeets this requirement;

(3) (U) Where applicable, acertification from a profession’s governing body; or

(4) (U) A license to practicea relevant profession, such as that of physician, accountant, attorney, orengineer, where licensure is required in the state or jurisdiction where theapplicant intends to work.

d. (U) You may only issue avisa if you are satisfied the applicant has presented you with credibleevidence that they are a member of a profession. The applicant bears the burdenof proof to show the application fulfills the qualifications for Lclassification under a blanket petition. An applicant who is unable to providecredible documentary evidence like the types outlined above in paragraph cwould be unlikely to establish credibly their membership in the professions.If the applicant failed to meet the burden of proof, you should deny theapplication. An applicant who fulfills the qualifications for L classificationunder a blanket petition as a member of a profession must still demonstratethat they have specialized knowledge to be eligible for an L-1B visa under ablanket petition.

e. (U) If you have questionsabout the interpretation or application of law or regulation, such as whatconstitutes a member of a profession under INA 101(a)(32), you may consult withyour portfolio holder in L/CA.

9 FAM 402.12-12(E) (U) LStatus Not Applicable to Skilled Workers

(CT:VISA-1311; 06-30-2021)

(U) Petitions to accord L statusmay be approved for persons with specialized knowledge, but not for persons whoare merely skilled workers. Being a “skilled worker” (i.e., onewhose skill and knowledge enable one to produce a product through physical orskilled labor) does not in itself qualify an applicant for the“specialized knowledge” category. Specialized knowledge meansspecial knowledge possessed by an individual of the petitioningorganization’s product, service, research, equipment, techniques, management,or other interests and its application in international markets, or an advancedlevel of knowledge or expertise in the organization’s processes andprocedures. INA 101(a)(15)(L) was not intended to alleviate or remedy ashortage of U.S. workers; the temporary worker provisions of INA 101(a)(15)(H)provide the appropriate means for the admission of workers who are in shortsupply in the United States.

9 FAM 402.12-12(F) (U) BeneficiaryNeed Not Perform Same Work in the United States as Abroad

(CT:VISA-1976; 04-23-2024)

(U) To qualify for L classification,the beneficiary must be assigned to a position in the United States in amanagerial or executive capacity, or in a capacity involving specializedknowledge. The beneficiary need not be coming to perform the same work thatwas performed abroad. Promotions within the qualifying categories are possible(e.g., from specialized knowledge employee to manager).

9 FAM 402.12-12(G) (U) Full-timeService Required but Not Entirely in the United States

(CT:VISA-1298; 06-04-2021)

(U) In general, the intent of the L-1classification is the intracompany transfer to the United States of full-timeexecutive, management, or specialized knowledge personnel. However, whilefull-time employment by the beneficiary is anticipated, INA 101(a)(15)(L) doesnot require that the beneficiary perform full-time services within the UnitedStates. An executive of a company with branch offices in Canada and the UnitedStates, for example, could divide normal work hours between those offices andstill qualify for an L-1 visa. The applicant's principal purpose while in theUnited States, however, must be consistent with L status. Therefore, if an applicantlived in the United States and commuted to employment in Canada or Mexico, andonly occasionally worked in the United States, the applicant would normally notqualify for L-1 status since the principal purpose for being in the UnitedStates would not relate to L employment. An applicant who lived in Canada andcame to the United States occasionally to work as an executive for the U.S.branch operation, however, would normally qualify for L-1 status since that applicant'sprincipal purpose for coming to the United States would be consistent with Lclassification.

9 FAM 402.12-13 (U) Temporarinessof Stay

(CT:VISA-1980; 04-29-2024)

a. (U) Applicants for L visas arenot subject to INA 214(b). In addition, INA 214(h) states that the fact thatan applicant has sought or will seek permanent residence in the United Statesdoes not preclude them from obtaining or maintaining L nonimmigrant status.The applicant may legitimately come to the United States as a nonimmigrantunder the L classification and depart voluntarily at the end of theirauthorized stay, and, at the same time, lawfully seek to become a permanentresident of the United States.

b. (U) L-2 spouse and childderivatives of L-1 applicants are subject to INA 214(b) only if they have notbeen able to establish a bona fide relationship to the principal applicant.L-2 spouses and child derivatives of L-1 are notsubject to the foreign residence requirement.

9 FAM 402.12-14 (U) Length ofStay

9 FAM 402.12-14(A) (U) AdmissionOnly During Validity of Petition

(CT:VISA-1637; 10-13-2022)

a. (U) A beneficiary may beadmitted to the United States for the validity of the petition, plus up to tendays before the validity of the petition begins and ten days after it ends.

b. (U) The beneficiary of ablanket petition may be admitted for up to three years even though the initialvalidity of the blanket petition may expire before the end of the three years.If the blanket petition will expire before the end of the three years,the burden is on the petitioner to file to extend the validity of the blanketpetition, or to file an individual petition on the applicant’s behalf toauthorize an applicant beneficiary's L status in the United States.

c. (U) The admission periodfor any applicant under INA 101(a)(15)(L) must not exceed three years unless anextension of stay (see 9 FAM402.12-14(B) below) is granted.

9 FAM 402.12-14(B) (U) Extensionsof Stay

(CT:VISA-1311; 06-30-2021)

a. (U) For the beneficiary ofan individual L petition, the petitioner must request an extension of the applicant’sstay in the United States on Form I-129. The effective dates of the petitionextension and the beneficiary’s extension of stay, if authorized, must bethe same.

b. (U) When the applicant is abeneficiary under a blanket petition, the petitioner must file a new Form I-129S,Nonimmigrant Petition Based on Blanket L Petition, accompanied by a copy of theprevious Form I-129S, and must concurrently request extension of the blanketpetition with indefinite validity if such validity has not already beengranted.

c. (U) Extensions of stay maybe authorized by DHS in increments of up to two years for beneficiaries ofindividual and blanket petitions. The beneficiary must be physically presentin the United States when the extension of stay petition is filed. If the applicantis required to leave the United States for business or personal reasons whilethe extension requests are pending, USCIS will update the record in the Claims3 system, which should populate the record in PIMS. When the maximum allowableperiod of stay in L classification has been reached (see 9 FAM402.12-14(C) below), no further extensions may be granted.

9 FAM 402.12-14(C) (U) Limitationson Total Periods of Stay

(CT:VISA-1847; 10-06-2023)

a. (U) The total stay for L applicantsemployed in a specialized knowledge capacity may not exceed five years,including time in the United States in H status. The maximum allowable stayfor an applicant employed in a managerial or executive capacity may not exceedseven years, including time in H status. No further extensions may be grantedonce these limits have been reached.

b. (U) The total maximum staywill be calculated by determining the actual total number of days the applicantis lawfully admitted and physically present in the United States in L or H status.Time spent in H status in the U.S. also accrues against the maximum authorizedstay in L status (and vice versa). See 8 CFR 214.2(l)(12). Time spent as anL-2 dependent does not count against the maximum allowable stay available to aprincipal L-1 applicant.

c. (U) When an applicant wasinitially admitted in a specialized knowledge capacity and is later promoted toa managerial or executive position, they must have been employed in themanagerial or executive position for at least six months to be eligible for thetotal length of stay of seven years. The change to managerial or executivecapacity must have been approved by DHS in an amended, new, or extendedpetition when the change occurred or based on a new Blanket L I-129S petitionadjudication.

9 FAM 402.12-14(D) (U) ReadmissionAfter Maximum Total Period of Stay Reached

(CT:VISA-1637; 10-13-2022)

a. (U) When a nonimmigrant hasspent the maximum allowable time in the United States in L and/or H status, theymay not be issued a visa or be readmitted to the United States under the L or Hvisa classification, nor may a new petition, extension, or change of status beapproved for that applicant under INA 101(a)(15)(L) or (H), unless the applicanthas resided and been physically present outside the United States for theimmediate past year.

b. (U) Brief trips to theUnited States for business or pleasure do not interrupt the one year abroad,but do not count towards fulfillment of that requirement. Periods when the applicantfails to maintain status will be counted towards the applicable limitation; an applicantmay not circumvent the limit by violating their status.

9 FAM 402.12-14(E) (U) Exceptionsto Limitations on Readmission

(CT:VISA-1637; 10-13-2022)

(U) The limitations on readmissiondescribed in 9 FAM402.12-14(D) above will not apply to applicants who did not residecontinually in the United States, and whose employment in the United States wasseasonal or intermittent or was for an aggregate of six months or less peryear, nor to applicants who resided abroad and regularly commuted to the UnitedStates to engage in part-time employment. The applicant must provide clear andconvincing proof (e.g., evidence such as arrival and departure records, copiesof tax returns, records of employment abroad) that they qualify for theseexceptions. The exceptions to limitations on readmission will not apply if theprincipal applicant’s dependents have been living continuously in theUnited States in L-2 status.

9 FAM 402.12-15 (U) Validity ofL Visas

9 FAM 402.12-15(A) (U)Maximum Validity of L Visa

(CT:VISA-1976; 04-23-2024)

a. (U) The validity of an Lvisa may not exceed the validity shown in the Reciprocity Schedule. You shouldissue L visas with the maximum validity permitted based on reciprocity, eventhough the initial validity of the petition may expire earlier than the visa.See 9 FAM403.9-4(B) for discussion of the Department's policy regarding issuance offull validity visas.

b. (U) The annotation field ofeach L visa for individual and blanket petition beneficiaries must includeeither the petition expiration date as verified in PIMS or PCQS for individualpetitions (see 9 FAM402.12-6(C) above), or the expiration of the approved Form I-129S forblanket petitions (see 9 FAM402.12-7(E) above).

c. (U) Consular sections areauthorized to accept L visa applications and issue visas to qualifiedapplicants up to 90 days in advance of applicants' beginning of employmentstatus as noted on the Form I-797 or I-129S.

d. (U) When there is no gap inauthorized status , an applicant may obtain an L-1 visa that is valid for thetime remaining on the first petition (and/or any extensions) extending throughthe validity of the second petition, so long as there is no gap in the periodcovered by the two petitions.

9 FAM 402.12-15(B) (U) LimitingValidity of L Visas

(CT:VISA-1637; 10-13-2022)

(U) You may restrict visa validityin some cases to less than the validity of the approved petition or authorizedperiod of stay (for example, based on reciprocity or the terms of an orderwaiving a ground of ineligibility). In any such case, in addition to the othernotations required on the L visa (see 9 FAM402.12-6(C) for individual L visas and 9 FAM402.12-7(E) above for blanket L visas), see the notations required per 9 FAM 403.9-5.

9 FAM 402.12-15(C) (U) ReissuingLimited L Visas

(CT:VISA-1703; 02-23-2023)

(U) When an L visa has been issuedwith a validity of less than the validity of the petition or authorized periodof stay, you may reissue the visa any number of times within the validity thepetition or the authorized period of stay. If a fee is prescribed by theReciprocity Schedule, you must collect the reciprocity fee for each re-issuanceof the L visa.

9 FAM 402.12-15(D) (U) L VisaRenewals

(CT:VISA-1847; 10-06-2023)

a. (U) When an applicantapplies for a new L visa before the current L visa expires, you must cancel thecurrent visa and, if otherwise qualified, issue a new L visa for the maximumvalidity permitted based on reciprocity.

b. (U) When theapplicant’s current petition will expire shortly or the applicant has anew petition number with a validity date in the future, you must annotate thenew visa with the current valid petition information only. U.S. Customs andBorder Protection (CBP) will verify the existence of a valid petition uponentry at a POE regardless of the annotation on the visa.

c. (U) If a blanket L-1applicant is coming to renew their L-1 visa using a valid endorsed I-129S, suchan I-129S is prima facie evidence the requirements for the visa classificationhave been met. You need not re-adjudicate the applicant's qualifications, butyou should confirm in the visa interview the facts in the application are stilltrue and no grounds of ineligibility apply. After cancelling the current visa,you may issue a new visa based on reciprocity. If the applicant is applyingwith a new employer, has a previously expired I-129S, or for other reasonsrequires a new I-129S, you must cancel the current visa and re-adjudicate theapplicant's qualifications. This may mean denying the visa application if theapplicant does not provide credible evidence they currently meet the standardfor qualifying for L classification under a blanket petition.

9 FAM 402.12-16 (U) Spouse andChildren of L1 Applicants

9 FAM 402.12-16(A) (U) DerivativeClassification

(CT:VISA-1637; 10-13-2022)

a. (U) The spouse and childrenof an L-1 nonimmigrant who are accompanying or following to join the principal applicantin the United States are entitled to L-2 classification and are subject to thesame visa validity, period of admission, and limitation of stay as the L-1 applicant.For a general discussion of the classification of the spouse and children of anonimmigrant, (see 9 FAM 402.1-4and 9 FAM402.1-5).

b. (U) A Canadian citizenspouse or child who is accompanying or following to join a Canadian citizen in L-1status must be admitted as an L-2 nonimmigrant without requiring a visa. Anon-Canadian citizen spouse or child of a Canadian citizen in L-1 status musthave an L-2 visa when applying for admission.

c. (U) If an L-1 nonimmigranthas maintained their family in the United States in L-2 status, they cannotqualify for exception from the five to seven-year limitation on total stay (see9 FAM402.12-14(E) above).

9 FAM 402.12-16(B) (U) VerifyingPrincipal Applicant is Maintaining Status

(CT:VISA-1847; 10-06-2023)

(U) When an applicant applies foran L-2 visa to follow-to-join a principal applicant already in the UnitedStates, you must be satisfied that the principal applicant is maintaining L-1status before issuing the visa. You must also refer to 9 FAM402.12-6(B) above which discusses checking the status of approved petitionsin the CCD.

9 FAM 402.12-16(C) (U) Employmentin the United States Authorized for L-2 Dependent Applicants

(CT:VISA-1475; 02-18-2022)

(U) L-2 spouses are authorizedemployment incident to status. As of January 30, 2022, both USCIS and CBPbegan issuing Form I-94 notated with L-2S nonimmigrant status to provideacceptable evidence of employment authorization for dependent spouses underList C of Form I-9. Children in L-2 classification receive L-2Y designationand are not employment authorized unless they are eligible through a change ofstatus or other basis.

9 FAM 402.12-17 (U) PERSONAL ordomestic EMPLOYEES of L Nonimmigrants

(CT:VISA-1847; 10-06-2023)

Personal or domestic employees seeking to accompany orfollow to join L nonimmigrant employers may be issued B-1 visas, if they meetthe requirements of 9 FAM402.2-5(D)(3).

9 FAM 402.12-18 (U) FormerExchange Visitors Subject to Two-Year Foreign Residence Requirement

(CT:VISA-1084; 06-16-2020)

(U) For instructions regardingrequests for waivers of the two-year foreign residence requirement by L visaapplicants who are former exchange visitors and subject to the two-yearresidence abroad requirement of INA 212(e), see 22 CFR 40.202, and 9 FAM302.13-2(B)(1).

UNCLASSIFIED (U)