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pdfOMB No. 1615-0010; Expires 01/31/2012
Department of Homeland Security
U.S. Citizenship and Immigration Services
What Is the Purpose of This Form?
This form is for an employer to classify employees as L-1
nonimmigrant intra-company transferees under a blanket L
petition approval.
Who May File?
An employer who has already obtained approval of a blanket
L-1 petition may file this form to classify employees outside
the United States as executives, managers, or specialized
knowledge professionals. If the employee is in the United
States and you are requesting a change of status or extension
of stay for that employee, use Form I-129, Petition for a
Nonimmigrant Worker.
General Instructions
Please answer all questions by typing or clearly printing in
black ink. Indicate that an item is not applicable with "N/A." If
the answer is "none," write "none."
If you need extra space to answer any item, attach a sheet of
paper with your name and Alien Registration Number (ANumber), if any, and indicate the number of the item to which
the answer applies.
You must file your petition with the required Initial
Evidence. Your petition must be properly signed. Retain a
copy of the form and supporting documents for your records.
Translations. Any foreign language document must be
accompanied by a full English translation that a translator has
certified as complete and correct. The translator must also
certify that he or she is competent to translate the foreign
language into English.
Copies. If these instructions state that a copy of a document
may be filed with this petition, and you choose to send us the
original, we may keep that original for our records.
Initial Evidence
You must file your petition with:
1. A copy of the approval notice for the blanket petition;
2. A letter from the alien's foreign qualifying employer
detailing his or her dates of employment, job duties,
qualifications, and salary. The letter must also show that
the alien worked for the employer for at least 1 continuous
Instructions for Form I-129S, Nonimmigrant
Petition Based on Blanket L Petition
year in the 3-year period preceding the filing of the petition
in an executive, managerial, or specialized knowledge
professional capacity; and
3. If the alien is a specialized knowledge professional, a copy
of a U.S. degree, a foreign degree equivalent to a U.S.
degree, or evidence establishing that the combination of
the beneficiary's education and experience is the equivalent
of a U.S. degree.
Where To File?
If the alien requires a visa, he or she should present the
completed petition at a U.S. Embassy or consulate abroad.
If the alien is not required to obtain a visa, he or she should
file this petition at the Service Center of U.S. Citizenship and
Immigration Services (USCIS) that approved the blanket
petition.
What Is the Filing Fee?
On or after March 8, 2005, a $500 Fraud Prevention and
Detection fee must be submitted with form I-129S in certain
situations. The Fraud Prevention and Detection fee was
mandated by the provisions of the L-1 Visa Reform Act of
2004.
1. Visa Applications filed with the U.S. Department of
State: The Secretary of State will collect the $500 fee on
an alien filing an application abroad for a visa authorizing
admission to the U.S. as an L-1 nonimmigrant if the alien
is covered under a blanket petition.
2. Visa-Exempt Petitions filed with the U.S. Department
of Homeland Security: The Secretary of Homeland
Security will collect the $500 fee from a U.S. employer
seeking initial approval of an L-1 nonimmigrant status for
a beneficiary.
Those petitioners required to submit the $500 Fraud
Prevention and Detection fee are also required to submit an
additional $2,250 (L-1) fee mandated by Public Law 111-230
on or after August 14, 2010 if:
1. The petitioner employs 50 or more individuals in the
United States;
2. More than 50% of those employees are in H-1B or L
nonimmigrant status; and
Form I-129S Instructions (Rev. 01/06/10)Y
3. The petition is filed before October 1, 2014.
To determine if the additional $2,250 fee mandated by Public
Law 111-230 is required, the petitioner must complete the two
questions in Part 1A. If you responded “yes” to both
questions in Part 1A of the Form I-129S, an additional fee of
$2,250 must be submitted. This $2,250 fee was mandated by
the provisions of Public Law 111-230 and should be submitted
by separate check or money order.
The Fraud Prevention and Detection Fee and Public Law
111-230 fee, when applicable, may not be waived, and each
fee should be submitted in separate checks or money
orders.
Processing Information
Any form that is not signed or accompanied by the correct
fee will be rejected with a notice that the form is deficient.
You may correct the deficiency and resubmit the form. An
application or petition is not considered properly filed until
accepted by USCIS.
Initial processing. Once a form has been accepted, it will be
checked for completeness, including submission of the
required initial evidence. If you do not completely fill out the
form, or file it without the required initial evidence, you will
not establish a basis for eligibility, and we may deny your
form.
Requests for more information or interview. We may
request more information or evidence, or we may request that
you appear at a USCIS office for an interview. We may also
request that you submit the originals of any copies. We will
return these originals when they are no longer required.
Decision. The decision on a form involves a determination
of whether you have established eligibility for the requested
benefit. You will be notified of the decision in writing.
Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with this form, we will deny
the form and may deny any other immigration benefit.
Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit for which you are filing. Our legal
right to ask for this information can be found in the
Immigration and Nationality Act, as amended. We may
provide this information to other government agencies. Failure
to provide this information, and any requested evidence, may
delay a final decision or result in denial of your form.
USCIS Forms and Information
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations, and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our Internet Web site at
www.uscis.gov.
As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our Web site. Use the InfoPass appointment scheduler
and follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.
Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 35 minutes per
response, including the time for reviewing instructions and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden, to: U.S. Citizenship and Immigration Services,
Regulatory Products Division, Office of the Executive
Secretariat, 20 Massachusetts Ave., N.W., Washington, D.C.
20529-2020, OMB No. 1615-0010. Do not mail your
application to this address.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.
Form I-129S Instructions (Rev. 01/06/10)Y Page 2
File Type | application/pdf |
File Title | Nonimmigrant Petition Based on Blanket L Petition |
Author | USCIS |
File Modified | 2010-10-15 |
File Created | 2010-01-08 |