Page Four

 
 
By eweek  |  Posted 2003-01-10 Email Print this article Print
 
 
 
 
 
 
 


: Readers Respond: L1s Slip Past H-1B Curbs"> 214.2(l)(4)(iv) Evidence. A blanket petition filed on Form I - 129 shall be accompanied by:
(A) Evidence that the petitioner meets the requirements of paragraph (l)(4)(i) of this section.
(B) Evidence that all entities for which approval is sought are qualifying organizations as defined in subparagraph (l)(1)(ii)(G) of this section. (C) Such other evidence as the director, in his or her discretion, deems necessary in a particular case. 214.2(l)(5) Certification and admission procedures for beneficiaries under blanket petition.
214.2(l)(5)(i) Jurisdiction. United States consular officers shall have authority to determine eligibility of individual beneficiaries outside the United States seeking L classification under blanket petitions, except for visa-exempt nonimmigrants. An application for a visa-exempt nonimmigrant seeking L classification under a blanket petition or by an alien in the United States applying for change of status to L classification under a blanket petition shall be filed with the Service office at which the blanket petition was filed. 214.2(l)(5)(ii) Procedures. (A) When one qualifying organization listed in an approved blanket petition wishes to transfer an alien outside the United States to a qualifying organization in the United States and the alien requires a visa to enter the United States, that organization shall complete Form I - 129S, Certificate of Eligibility for Intracompany Transferee under a Blanket Petition, in an original and three copies. The qualifying organization shall retain one copy for its records and send the original and two copies to the alien. A copy of the approved Form I - 797 must be attached to the original and each copy of Form I - 129S. (B) After receipt of Form I - 797 and Form I - 129S, a qualified employee who is being transferred to the United States may use these documents to apply for visa issuance with the consular officer within six months of the date on Form I - 129S. (C) When the alien is a visa-exempt nonimmigrant seeking L classification under a blanket petition, or when the alien is in the United States and is seeking a change of status from another nonimmigrant classification to L classification under a blanket petition, the petitioner shall submit Form I-129S, Certificate of Eligibility, and a copy of the approval notice, Form I-797, to the Service Center with which the blanket petition was filed. (D) The consular or Service officer shall determine whether the position in which the alien will be employed in the United States is with an organization named in the approved petition and whether the specific job is for a manager, executive, or specialized knowledge professional. The consular or Service officer shall determine further whether the aliens immediate prior year of continuous employment abroad was with an organization named in the petition and was in a position as manager, executive, or specialized knowledge professional. (E) Consular officers may grant "L" classification only in clearly approvable applications. If the consular officer determines that the alien is eligible for L classification, the consular officer may issue a nonimmigrant visa, noting the visa classification "Blanket L - 1" for the principal alien and "Blanket L - 2" for any accompanying or following to join spouse and children. The consular officer shall also endorse all copies of the aliens Form I - 129S with the blanket L - 1 visa classification and return the original and one copy to the alien. When the alien is inspected for entry into the United States, both copies of the Form I - 129S shall be stamped to show a validity period not to exceed three years and the second copy collected and sent to the appropriate Regional Service Center for control purposes. Service officers who determine eligibility of aliens for L - 1 classification under blanket petitions shall endorse both copies of Form I - 129S with the blanket L - 1 classification and the validity period not to exceed three years and retain the second copy for Service records. (F) If the consular officer determines that the alien is ineligible for L classification under a blanket petition, the consular officers decision shall be final. The consular officer shall record the reasons for the denial on Form I - 129S, retain one copy, return the original of I-129S to the Service office which approved the blanket petition, and provide a copy to the alien. In such a case, an individual petition may be filed for the alien with the director having jurisdiction over the area of intended employment; the petition shall state the reason the alien was denied L classification and specify the consular office which made the determination and the date of the determination. (G) An alien admitted under an approved blanket petition may be reassigned to any organization listed in the approved petition without referral to the Service during his/her authorized stay if the alien will be performing virtually the same job duties. If the alien will be performing different job duties, the petitioner shall complete a new Certificate of Eligibility and send it for approval to the director who approved the blanket petition. 214.2(l)(6) Copies of supporting documents. The petitioner may submit a legible photocopy of a document in support of the visa petition, in lieu of the original document. However, the original document shall be submitted if requested by the Service. 214.2(l)(7) Approval of petition—214.2(l)(7)(i) General. The director shall notify the petitioner of the approval of an individual or a blanket petition within 30 days after the date a completed petition has been filed. If additional information is required from the petitioner, the 30 day processing period shall begin again upon receipt of the information. Only the Director of a Service Center may approve individual and blanket L petitions. The original Form I-797 received from the Service with respect to an approved individual or blanket petition may be duplicated by the petitioner for the beneficiarys use as described in paragraph (l)(13) of this section. (A) Individual petition — (1) Form I - 797 shall include the beneficiarys name and classification and the petitions period of validity.
(2) An individual petition approved under this paragraph shall be valid for the period of established need for the beneficiarys services, not to exceed three years, except where the beneficiary is coming to the United States to open or to be employed in a new office.
(3) If the beneficiary is coming to the United States to open or be employed in a new office, the petition may be approved for a period not to exceed one year, after which the petitioner shall demonstrate as required by paragraph (l)(14)(ii) of this section that it is doing business as defined in paragraph (l)(1)(ii)(H) of this section to extend the validity of the petition. (B) Blanket petition — (1) Form I - 797 shall identify the approved organizations included in the petition and the petitions period of validity.
(2) A blanket petition approved under this paragraph shall be valid initially for a period of three years and may be extended indefinitely thereafter if the qualifying organizations have complied with these regulations.
(3) A blanket petition may be approved in whole or in part and shall cover only qualifying organizations. (C) Amendments. The petitioner shall file an amended petition, with fee, at the Service Center where the original petition was filed to reflect changes in approved relationships, additional qualifying organizations under a blanket petition, change in capacity of employment (i.e., from a specialized knowledge position to a managerial position), or any information which would affect the beneficiarys eligibility under section 101(a)(15)(L) of the Act.


 
 
 
 
 
 
 
 
 
 
 

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