Nonimmigrant Petition Based on Blanket L Petition

OMB No. 1615-0010; Expires 03/31/2013

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 an employee as an L-1
nonimmigrant intra-company transferee under a blanket L
petition (LZ) approval.

Who May File Form I-129S?

Instructions for Form I-129S, Nonimmigrant
Petition Based on Blanket L Petition
3. Answer all questions fully and accurately. If an item is not
applicable or the answer is "none," write "none."

Initial Evidence
You must file your petition with:
1. A copy of the approval notice for the blanket petition;

DRAFT
Not for
Production
04/30/2013

An employer who has already obtained approval of a blanket
L-1 petition may file this form to classify an employee outside
the United States as an executive, manager, or specialized
knowledge professional. 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

Each petition must be properly signed and filed. A photocopy
of a signed petition or a typewritten name in place of a
signature is not acceptable.
Each petition must be accompanied by the appropriate filing
fee.

Evidence. You must submit all required initial evidence
along with all the supporting documentation with your petition
at the time of filing. Retain a copy of the form and supporting
documents for your records.
Copies. Unless specifically required that an original
document be filed with a petition, a legible photocopy may be
submitted. Original documents submitted when not required
may remain a part of the record and will not be automatically
returned to you.

Translations. Any document containing a foreign language
submitted to United States Citizenship and Immigration
Services (USCIS) must be accompanied by a full English
language translation which the translator has certified as
complete and accurate, and by the translator's certification that
he or she is competent to translate from the foreign language
into English.
How To Fill Out Form I-129S
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a
continuation sheet, write your name and Alien Registration
Number (A-Number) (if any) at the top of each sheet of
paper, indicate the Part and item number to which your
answer refers, and date and sign each sheet.

2. A letter from the alien's foreign qualifying employer
detailing the alien's 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
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, one of
the following:
a. A copy of the alien's U.S. degree;
b. A copy of the alien's foreign degree equivalent to a
U.S. degree; or
c. Evidence establishing that the combination of the
beneficiary's education and experience is the equivalent
of a U.S. degree.

What Is the Filing Fee?

There is no base fee for this form. However, there are two
fees that must be submitted with Form I-129S in certain
situations.
Fraud Prevention and Detection Fee
The L-1 Visa Reform Act of 2004 mandates a $500 Fraud
Prevention and Detection fee. This fee must be submitted as
outlined below.
1. Visa Applications filed with the U.S. Department of
State: The Secretary of State will collect the $500 fee
from the petitioner through an alien:
a. Who applies at a U.S. Embassy or consulate for an L-1
visa; and
b. On whose behalf the petitioner is seeking L-1 approval
based on an approved blanket petition.
2. Visa-Exempt Petitions filed with the U.S. Department
of Homeland Security (USCIS or CBP): The Secretary
of Homeland Security will collect the $500 fee from a
petitioner who seeks:
a. Initial approval of L-1 classification for a beneficiary; or
b. Approval to employ an L-1 nonimmigrant currently
working for another petitioner.
Form I-129S Instructions 04/30/2013 N Page 1

Note: For petitions filed with CBP, any applicable fees must
be submitted to CBP in accordance with CBP guidelines.
Public Law 111-230 Fee
Pub. L. 111-230, as amended by Pub. L. 111-347, mandates a
$2,250 fee for L-1 petitions. The law requires a petitioner to
pay the fee 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, L-1A, or
L-1B nonimmigrant status; and

This may only be done at either:
a. A "Class A" port of entry located on the U.S.-Canada
land border; or
b. A U.S. pre-clearance/pre-flight inspection station in
Canada.

Certification Pertaining to the Release of
Controlled Technology or Technical Data to
Foreign Persons in the United States

DRAFT
Not for
Production
04/30/2013

3. The petition is filed before October 1, 2015.

To determine whether you must pay the Pub. L. 111-230 fee,
complete the two questions in Part 1A of Form I-129S. The
petitioner is required to pay this fee if:
a. It is required to pay the $500 Fraud Detection and
National Security fee, and

b. A "yes" response was provided for both questions in
Part 1A.

The Fraud Prevention and Detection Fee and Pub. L.
111-230 fee, when applicable, may not be waived. Each fee
should be submitted in separate checks or money orders to
either the Department of State or the Department of
Homeland Security, as described in the Fraud Prevention
and Detection Fee section above.
How to Check If the USCIS Fees Are Correct

Form I-129S fees and biometrics services fees are current as of
the edition date in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below.
1. Visit the USCIS Web site at www.uscis.gov, select
"FORMS," and check the appropriate fee; or

2. Telephone the USCIS National Customer Service Center
at 1-800-375-5283 and ask for fee information. For TDD
(hearing impaired) call: 1-800-767-1833.

Where To File?
If the alien requires a visa, he or she should present the
completed or previously approved petition at a U.S. Embassy
or consulate abroad.
If the alien is not required to obtain a visa, the petitioner
should file this petition at the USCIS service center that
approved the blanket petition.
Petitioners seeking L-1 classification for citizens of Canada
under the North American Free Trade Agreement (NAFTA)
may also have the beneficiary present Form I-129S to an
officer of U.S. Customs and Border Protection (CBP) in
conjunction with an application for admission.

U.S. Export Controls on the Release of Controlled
Technology or Technical Data to Foreign Persons. The
Export Administration Regulations (EAR) (15 CFR Parts
770-774) and the International Traffic in Arms Regulations
(ITAR) (22 CFR Parts 120-130) require U.S. persons to seek
and receive authorization from the U.S. Government before
releasing to foreign persons in the United States controlled
technology or technical data. Under both the EAR and the
ITAR, release of controlled technology or technical data to
foreign persons in the United States -- even by an employer -is deemed to be an export to that person's country or countries
of nationality. One implication of this rule is that a U.S.
company must seek and receive a license from the U.S.
Government before it releases controlled technology or
technical data to its nonimmigrant workers employed as L-1
beneficiaries.
Requirement to Certify Compliance with U.S. Export
Control Regulations. The U.S. Government requires each
company or other entity to certify that it has reviewed the
EAR and ITAR and determine whether it will require a U.S.
Government export license to release controlled technology or
technical data to the beneficiary. If an export license is
required, then the company or other entity must further certify
that it will not release or otherwise provide access to
controlled technology or technical data to the beneficiary until
it has received from the U.S. Government the required
authorization to do so. The petitioner must indicate whether
or not a license is required on Page 3, Part 5 of Form I-129S.

Controlled Technology and Technical Data. The licensing
requirements described above will affect only a small
percentage of petitioners because most types of technology are
not controlled for export or release to foreign persons. The
technology and technical data that are, however, controlled for
release to foreign persons are identified on the EAR's
Commerce Control List (CCL) and the ITAR's U.S. Munitions
List (USML). The CCL is found at 15 CFR Part 774, Supp. 1.
See www.access.gpo.gov/bis/ear/ear_data.html#ccl. The
USML is at 22 CFR 121.1. See www.pmddtc.state.gov/
regulations_laws/itar.html. The EAR-controlled technology
on the CCL generally pertains to that which is for the
production, development, or use of what are generally known
as “dual-use” items. The ITAR-controlled technical data on
the USML generally pertains to that which is directly related
to defense articles.
Form I-129S Instructions 04/30/2013 N Page 2

The U.S. Department of Commerce's Bureau of Industry and
Security (BIS) administers the CCL and is responsible for
issuing licenses for the release to foreign persons of technology
controlled under the EAR. The U.S. Department of State's
Directorate of Defense Trade Controls (DDTC) administers the
USML and is responsible for issuing licenses for the release to
foreign persons of technical data controlled under the ITAR.
Information about the EAR and how to apply for a license from
BIS are at www.bis.doc.gov. Specific information about EAR's
requirements pertaining to the release of controlled technology
to foreign persons is at www.bis.doc.gov/deemedexports.
Information about the ITAR and how to apply for a license from
DDTC are at www.pmddtc.state.gov. Specific information
about the ITAR's requirements pertaining to the release of
controlled technical data is at www.pmddtc.state.gov/faqs/
license_ foreignpersons.html.

Address Changes

USCIS Forms and Information
You can get USCIS forms and immigration-related information
on the USCIS Web site at www.uscis.gov. You may order
USCIS forms by calling our toll-free number at
1-800-870-3676.
You may also obtain forms and information by calling our
USCIS National Customer Service Center at 1-800-375-5283.
For TDD (hearing impaired) call: 1-800-767-1833.

Penalties

DRAFT
Not for
Production
04/30/2013

If you have changed your address, you must inform USCIS of
your new address. For information on filing a change of address
go to the USCIS Web site at www.uscis.gov/addresschange or
contact USCIS National Customer Service Center at
1-800-375-5283. For TDD (hearing impaired) call:
1-800-767-1833.

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.

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.
In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

USCIS Privacy Act Statement

AUTHORITIES: The Immigration and Nationality Act, 8
U.S.C. sections 222, 1103, 1184, and 8 CFR parts 103 and 214
authorize USCIS to collect the information and associated
evidence requested on this benefit petition. Additionally, Pub.
L. 111-230, as amended by Pub. L. 111-347, requires the
collection of information regarding the number of H-1B and
L-1 employees in the United States.
PURPOSE: The primary purpose for providing the
information on this benefit petition is to request classification
of alien employees as L-1 nonimmigrant intra-company
transferees under a previously approved blanket L petition.
The information you provide will be used to grant or deny this
benefit.
DISCLOSURE: The information you provide is voluntary.
However, failure to provide required evidence, or evidence
requested in order to establish eligibility for the benefit
sought, may delay a final decision or result in denial of your
benefit request.
ROUTINE USES: The information you provide on this
benefit petition may be shared with other federal, state, local,
and foreign government agencies and authorized organizations
in accordance with approved routine uses, as described in the
associated published system of records notices [DHSUSCIS-007 - Benefits Information System, which can be
found at www.dhs.gov/privacy]. The information may also be
made available, as appropriate for law enforcement purposes
or in the interest of national security.

Form I-129S Instructions 04/30/2013 N Page 3

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 1.5 hours 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 Coordination Division, Office of Policy and
Strategy, 20 Massachusetts Ave NW, Washington, D.C.
20529-2140; OMB No. 1615-0010. Do not mail your
completed Form I-129S to this address.

DRAFT
Not for
Production
04/30/2013

Form I-129S Instructions 04/30/2013 N Page 4