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pdfInstructions for Petition for Nonimmigrant Worker:
L Classification
Department of Homeland Security
U.S. Citizenship and Immigration Services
USCIS
Form I-129L
Purpose of Form I-129L
This petition is used by an employer to petition U.S. Citizenship and Immigration Services (USCIS) for an alien
beneficiary to come temporarily to the United States as a nonimmigrant intracompany transferee. This petition is also
used to request a blanket approval.
Who May File Form I-129L?
A U.S. or foreign employer may file this petition to classify an alien in the L-1A or L-1B nonimmigrant classifications or
to request a blanket approval.
General Instructions
USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should
use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not
have internet access, you may order USCIS forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS
Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
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Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a
stamped or typewritten name in place of a signature. A legal guardian may also sign for a mentally incompetent person.
If the request is not signed or if the requisite signature on the request is not valid, USCIS will reject the request. See 8
CFR 103.2(a)(7)(ii)(A). If USCIS accepts a request for adjudication and determines that it has a deficient signature,
USCIS will deny the request.
Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of the original handwritten signature
valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten, ink
signature.
Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of
these Instructions.)
Evidence. At the time of filing, you must submit all evidence required by statute, regulations and/or these Instructions
with your petition, as applicable. USCIS may reject or deny your petition for failure to submit evidence or supporting
documents in accordance with 8 CFR 103.2(b)(1).
Biometric Services Appointment for Certain Beneficiaries. After receiving your petition and ensuring completeness,
USCIS may inform you in writing if the beneficiary or beneficiaries must submit biometrics. Failure of a beneficiary to
appear at a biometric services appointment may result in denial of your petition.
Copies. You should submit legible photocopies of documents requested, unless the Instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of a petition. If USCIS requests an original document from you, it will be returned to you after USCIS
determines it no longer needs your original.
NOTE: If you submit original documents when not required or requested by USCIS, your original documents may be
immediately destroyed after we receive them.
Form I-129L Instructions 10/02/20
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and
that he or she is competent to translate from the foreign language into English. The certification must also include the
translator's signature, printed name, the signature date, and the translator's contact information.
How to Fill Out Form I-129L
1. Type or print legibly in black ink.
2. If you need extra space to complete any item within this petition, use the space provided in Part 13. Additional
Information or attach a separate sheet of paper. Type or print the company or organization name at the top of each
sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date
each sheet.
3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks, "Provide the name of your current spouse"), type or print "N/A" unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, "How many
children do you have" or "How many times have you departed the United States"), type or print "None" unless
otherwise directed.
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4. You should submit a duplicate copy of the petition and all supporting documentation. Failure to do so may result in
delays in processing this petition or in visa processing abroad.
Information About Form I-129L
L-1 Nonimmigrants (Two Types)
L-1A classification:
Aliens coming to the United States temporarily to perform services in a managerial or executive capacity for the
same employer (or for the parent, branch, subsidiary, or affiliate of the employer) that employed the alien abroad in a
capacity that was managerial or executive in nature, or one that required specialized knowledge, for at least one
continuous year within the last three years. In the case of an L-1A beneficiary who is coming to the United States to set
up a new office, the one year of experience abroad must have been in an executive or managerial capacity.
L-1B classification:
Aliens coming to the United States temporarily to perform services that require specialized knowledge for the same
employer (or for the parent, branch, subsidiary, or affiliate of the employer) that employed the alien abroad in a capacity
that was managerial or executive in nature, or one that required specialized knowledge for at least one continuous year
within the last three years.
Specialized knowledge is either:
1. Special knowledge of the petitioning employer's product, service research, equipment, techniques, management, or
other interests and its application in international markets, or
2. An advanced level of knowledge or expertise in the employing organization's processes or procedures.
In the case of blanket petitions, the L-1B must be a specialized knowledge professional. However, there is no
requirement that the person have acted in a "professional capacity" while abroad for purposes of meeting the one-year
requirement.
Form I-129L Instructions 10/02/20
General L Classification Requirements
Either a U.S. employer or foreign employer may file the petition, but the foreign employer must have a legal business
entity in the United States.
The petition must be filed with:
1. Evidence establishing the existence of the qualifying relationship between the U.S. and foreign employer based on
ownership and control. Such evidence may include, but is not limited to, organizational documents (for example,
articles of incorporation, partnership agreement, operating agreement), an annual report, financial statements, or
copies of equity certificates. Whether such evidence will be sufficient to meet the petitioner's burden of establishing
such a qualifying relationship will depend on the quality and probative value of the evidence submitted;
2. Evidence of the beneficiary's employment for the required one year abroad in, as applicable, a managerial, executive,
or specialized knowledge capacity. Such evidence may include, but is not limited to, a letter from the beneficiary's
foreign qualifying employer detailing his or her dates of employment, job duties, and qualifications, along with
supporting documentary evidence; and
3. A description of the proposed job duties and qualifications, and evidence showing that the proposed employment is in
an executive, managerial, or specialized knowledge capacity. If filing on behalf of a specialized knowledge employee
based on a blanket petition, provide evidence that the employee is a professional.
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Multiple locations. A petition for aliens to perform services or labor in more than one location must include an itinerary
with the dates and locations where the services will take place.
Evidence for a New Office
In addition to the evidence required under the General L Classification Requirements section above, if the beneficiary
is coming to the United States to open or to be employed in a new office in the United States, the petitioner must submit
evidence to show the following.
For managerial or executive capacity (L-1A):
1. Sufficient physical premises to house the new office have been secured;
2. The beneficiary has been employed for one continuous year in the 3-year period preceding the filing of the petition in
an executive or managerial capacity and that the proposed employment involves executive or managerial authority
over the new operation; and
3. The intended U.S. operation, within one year of approval, will support an executive or managerial position. This
statement should be supported by information regarding:
A. The proposed nature of the office describing the scope of the entity, its organizational structure, and its financial
goals;
B. The size of the United States investment and the foreign entity's financial ability to remunerate the beneficiary and
to commence doing business in the United States; and
C. The organizational structure of the foreign entity.
For specialized knowledge capacity (L-1B):
1. Sufficient physical premises to house the new office have been secured; and
2. The petitioner has the financial ability to remunerate the beneficiary and to commence doing business in the United
States.
NOTE: There are additional fees associated with certain L-1A and L-1B petitions. Please see the What is the Filing Fee
section of these Instructions for further information about these fees.
Form I-129L Instructions 10/02/20
Filing An Individual Petition
The entity in the United States where the beneficiary will work and the entity that employed the beneficiary abroad must
be qualifying organizations. A qualifying organization is a United States or foreign firm, corporation, or other legal entity
which:
1. Meets exactly one of the qualifying relationships as a parent, branch, affiliate, or subsidiary as defined below;
2. Is or will be doing business (as defined below) as an employer in the United States and in at least one other country
directly or through a parent, branch, affiliate, or subsidiary for the duration of the beneficiary's stay in the United
States as an intracompany transferee, although engaging in international trade is not required; and
3. Otherwise meets the requirements of the Immigration and Nationality Act (INA) section 101(a)(15)(L).
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying
organization and does not include the mere presence of an agent or office of the qualifying organization in the United
States and abroad.
Parent means a firm, corporation, or other legal entity which has subsidiaries.
Branch means an operating division or office of the same organization housed in a different location.
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Subsidiary means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of
the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly
or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or
indirectly, less than half of the entity, but in fact controls the entity.
Affiliate means:
1. One of two subsidiaries both of which are owned and controlled by the same parent or individual;
2. One of two legal entities owned and controlled by the same group of individuals, each individual owning and
controlling approximately the same share or proportion of each entity; or
3. In the case of a partnership that is organized in the United States to provide accounting services along with managerial
and/or consulting services and that markets its accounting services under an internationally recognized name under an
agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms,
a partnership (or similar organization) that is organized outside the United States to provide accounting services shall
be considered to be an affiliate of the United States partnership if it markets its accounting services under the same
internationally recognized name under the agreement with the worldwide coordinating organization of which the
United States partnership is also a member.
L Blanket Petition Filings
An L Blanket petition is for a petitioner seeking initial and/or continuing approval as qualifying organizations for itself, its
parent, and its branches, subsidiaries, and affiliates.
Evidence for a Blanket Petition
A request for a blanket approval must be accompanied by the following evidence:
1. A listing of all branches, subsidiaries, and affiliates seeking to transfer aliens to the United States;
2. Evidence to show qualifying relationships of all entities, to include percentages of ownership and control;
3. Evidence that the petitioner and each listed entity are engaged in commercial trade or services;
4. Evidence that the petitioner has an office in the United States that has been doing business for one year or more;
5. Evidence that the petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and
Form I-129L Instructions 10/02/20
6. Evidence that the petitioner and other qualifying entities have obtained approval of petitioners for at least 10 L-1A or
L-1B during the previous 12 months, have U.S. subsidiaries or affiliates with combined annual sales of at least $25
million, or have a U.S. work force of at least 1,000 employees.
Amended blanket petitions must also be accompanied by evidence of changes in approved relationships or additional
qualifying organizations, to include percentages of ownership and control.
Extension blanket petitions must also be filed:
1. Within the initial validity period of three years, otherwise the petitioner will be denied an extension and may not seek
approval for a blanket petition for another three years;
2. With a copy of the previous approval notice and a report of admissions during the preceding three years, including
positions held, employing entity and dates of initial admission and final departure of each alien;
3. With a statement from the petitioner whether it still meets the criteria for filing a blanket petition; and
4. With evidence of any changes in approved relationships and additional qualifying organizations, if applicable.
All Classifications - Change of Status or Extension of Stay
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A petition requesting a change of status or an extension of stay for an employee in the United States must be filed with the
evidence listed below. Consult the regulations that relate to the specific nonimmigrant classification sought.
A nonimmigrant who must have a passport to be admitted must maintain a valid passport during his or her entire stay. If a
required passport is not valid, include a full explanation with your petition.
A petition requesting a change of status or an extension of stay must be filed with:
1. A copy of the beneficiary's Form I-94, Nonimmigrant Arrival/Departure Record, passport, travel document, or Form
I-797;
2. A letter describing the proffered employment;
3. A copy of the beneficiary's last two pay stubs, most recent W-2, and Internal Revenue Service (IRS) transcripts of the
beneficiary's federal individual income tax return for the three most recent tax years, if applicable; and
4. Evidence the beneficiary continues to meet the licensing requirements for the profession or occupation, if applicable.
NOTE: The beneficiary's dependent family members (generally, spouses and children under 21 years of age) should use
Form I-539, Application to Change/Extend Nonimmigrant Status, to apply for a change of status or extension of stay.
The following nonimmigrants are not eligible to change status:
1. An alien admitted under a visa waiver program;
2. An alien in transit (C) or in transit without a visa (TWOV);
3. A crewman (D);
4. A fiancé(e) (K-1) or his or her dependent (K-2);
5. A spouse of a U.S. citizen (K-3) or his or her dependent (K-4);
6. A J-1 exchange visitor who was admitted in J-1 status for the purpose of receiving graduate medical training; and
7. A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement.
Special Instructions for Certain Beneficiaries in the CNMI
An alien who was admitted to the Commonwealth of the Northern Mariana Islands (CNMI) prior to November 28, 2009
may not currently hold a Federal nonimmigrant classification that permits a change of status. However, in certain
situations, a petitioner may request that the beneficiary be granted initial status in the CNMI. This will allow certain
beneficiaries who were present in the CNMI prior to the transition date and are currently lawfully present in the CNMI in
parole status to be granted an initial nonimmigrant status without having to depart the CNMI.
Form I-129L Instructions 10/02/20
Specific Instructions
Part 1. Petitioner Information
Item Number 1. Petitioning Company or Organization Name. Provide the name of the petitioning company or
organization.
Item Number 2. Primary U.S. Office Address of Petitioner. Provide the address of the petitioner's primary office
within the United States. The primary U.S. office address must not be the address of petitioner's outside counsel or
clients. Petitions filed with an address that is not the petitioner's U.S. office address may be rejected or denied. The
location of your primary office may determine where the petition must be filed.
Item Number 4. Mailing Address. Provide the petitioner's mailing address, if different from the Primary U.S. Office
Address.
Item Numbers 6. - 8. Petitioner's Contact Information. Provide the petitioner's contact information.
Item Numbers 9. - 10. Tax Payer Identification Numbers. Provide an Employer Identification Number (EIN), and/or
Individual Taxpayer Identification Number (ITIN), as applicable.
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Item Numbers 11. - 13. E-Verify Information. If the petitioner participates in E-Verify and will complete Form I-9 for
this alien beneficiary to perform services or labor, or to receive training, provide the E-Verify Company ID or Client
Company ID. E-Verify is an Internet-based system that compares information entered by an employer from an
employee's Form I-9, Employment Eligibility Verification, to records available to DHS and the Social Security
Administration to confirm employment eligibility. The E-Verify company ID number, which consists of four to seven
numerical characters, is located on each page of the memorandum of understanding directly below the E-Verify logo. The
E-Verify Contact Center is available to assist you if you have additional questions by emailing [email protected].
Part 2. Information About This Petition
Item Number 1. Select the type of petition.
Item Number 2. Basis for Classification. Select only one of the following options.
Item A. New employment. Select this box if the beneficiary:
1. Is outside the United States and holds no classification;
2. Will begin employment in the United States for a new employer in a different nonimmigrant classification than the
beneficiary currently holds; or
3. Will work for the same employer but in a different nonimmigrant classification.
NOTE: Do not select this box if the beneficiary will work for the same employer in the same classification, but there
is a material change in the terms and conditions of employment or the beneficiary's eligibility as specified in the
original approved petition. Select the box for Item F., Amended Petition, instead.
Item B. Continuation of previously approved employment without change with the same employer. Select this box
if you are applying to continue the employment of the beneficiary in the same nonimmigrant classification the beneficiary
currently holds and there has been no change to the employment.
Item C. Change in previously approved employment. Select this box if you are notifying USCIS of a non-material
change to the previously approved employment, such as a change in job title without a material change in job duties.
Item D. New concurrent employment. Select this box if you are applying for a beneficiary to begin new employment
with an additional employer in the same nonimmigrant classification the beneficiary currently holds while the beneficiary
will continue working for his or her current employer in the same classification.
Form I-129L Instructions 10/02/20
Item E. Change of employer for a beneficiary already in the requested classification. Select this box if you are
applying for a beneficiary to begin employment working for a new employer in the same nonimmigrant classification that
the beneficiary currently holds.
Item F. Amended petition. Select this box if you are applying to notify USCIS of a material change in the terms or
conditions of employment, the beneficiary's eligibility as specified in the original approved petition, or to add or remove
entities from an approved blanket petition.
Item G. Blanket petition. Select this box if you are applying for an initial blanket petition or seeking to extend a blanket
petition's validity without any changes.
Item Number 3. Receipt Number. Provide the receipt number for the most recently filed petition or application
submitted to USCIS for this beneficiary.
Item Number 4. Requested Action. The following information explains the actions petitioners/employers may request
on their petition. Select only one action.
Item A. Notify the office listed in Part 5. so the beneficiary can apply for and obtain a visa or be admitted, if
eligible. Select this box if the beneficiary is outside of the United States, or, if the beneficiary is currently in the United
States, but he or she will leave the United States to obtain a visa/admission abroad.
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Item B. Change the status and extend the stay of the beneficiary because the beneficiary is now in the United
States in another status. Select this box if the beneficiary is currently in the United States in a different nonimmigrant
classification and is applying to change to a new nonimmigrant status.
Item C. Extend the stay of the beneficiary because the beneficiary now holds this status. Select this box if the
beneficiary is currently in the United States in a nonimmigrant classification and is requesting an extension of his or her
stay in the same nonimmigrant classification.
Item D. Amend the stay of the beneficiary because the beneficiary now holds this status. Select this box if the
beneficiary is currently in the United States in the same nonimmigrant classification and you are notifying USCIS of any
material changes in the terms and conditions of employment or the beneficiary's eligibility as specified in the original
approved petition, but you are not seeking a change in previously approved validity dates.
Item E. Initial blanket petition approval.
Item F. Extend the validity of a current blanket petition.
Item G. Amend the validity period of a current blanket petition.
Item Numbers 5. - 6. If your response to both Item Numbers 5. and 6. is "Yes," you must pay the $4,500 fee mandated
by Public Law 114-113, unless you are filing an amended petition without an extension of stay request. Public Law
114-113 requires all petitioners who employ 50 or more employees in the United States to submit an additional fee of
$4,500 for all L-1A and L-1B petitions if more than 50 percent of the petitioner's employees, in the aggregate, are in
H-1B, L-1A, or L-1B nonimmigrant status, except when filing an amended petition without an extension of stay request.
These fees, when applicable, may not be waived. You must include payment of the fees with your submission of this
form. Failure to submit the fees when required will result in rejection or denial of your submission. Each of these fees
should be paid by separate checks or money orders.
Part 3. Beneficiary Information
Item Numbers 1. - 11. Provide the information requested about the beneficiary for whom you are filing.
Item Number 12. Form I-94, Arrival-Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS
issued the beneficiary a Form I-94, Arrival-Departure Record, provide the beneficiary's Form I-94 number and date that
the beneficiary's authorized period of stay expires or expired (as shown on the beneficiary's Form I-94). The Form I-94
number also is known as the Departure Number on some versions of Form I-94.
Form I-129L Instructions 10/02/20
NOTE: If the beneficiary was admitted to the United States by CBP at an airport or seaport after April 30, 2013, CBP
may have issued them an electronic Form I-94 instead of a paper Form I-94. The beneficiary may visit the CBP website
at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service.
Some travelers admitted to the United States at a land border, airport, or seaport after April 30, 2013, with a passport or
travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from
the CBP website without charge. If the beneficiary cannot obtain the Form I-94 from the CBP website, the beneficiary
may obtain it by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with
USCIS. USCIS does charge a fee for this service. See the USCIS website at www.uscis.gov/I-102 for more information.
Passport and Travel Document Numbers. If the beneficiary used a passport or travel document to travel to the United
States, enter either the passport or travel document information in the appropriate space on the petition, even if the
passport or travel document is currently expired.
Item Number 14. Beneficiary's Current U.S. Residential Address. You must provide the beneficiary's current
address if the beneficiary is in the United States. USCIS will use this address, unless otherwise updated through the
AR-11 process, to notify the beneficiary if USCIS denies a request to change status or extend stay submitted on Form
I-129L.
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Part 4. Information About The Beneficiary's Public Benefits
In general, a condition of the approval of a request to extend the beneficiary's stay or change the beneficiary's status is that
the beneficiary must demonstrate that, since obtaining the nonimmigrant status that you seek to extend or from which you
seek to change on behalf of the beneficiary, he or she has not received one or more public benefits as set forth in 8 CFR
212.21(b) (and listed below), for more than 12 months in the aggregate within any 36-month period (such that, for
instance, receipt of two benefits in one month counts as two months). This condition only applies to beneficiaries who are
seeking to change status or extend their stay in the United States. Therefore, you only have to complete the information in
Part 4. if you are also requesting an extension of the beneficiary's stay in the United States or a change of the beneficiary's
status with this petition. If you are filing this petition without a request for the beneficiary's change of status or extension
of stay, you may skip Part 4.
Item Number 1. Public Benefits. Provide the information requested about the beneficiary's receipt or the beneficiary's
current certification for receipt of public benefits, as defined in 8 CFR 212.21(b) (and which are listed below), unless the
nonimmigrant classification you are seeking for the beneficiary is exempt from the public charge inadmissibility ground
under INA 212(a)(4). Provide the requested information and documentation.
Item Number 2. You must provide information about all public benefits as defined in 8 CFR 212.21(b) (and which are
listed below) received by the beneficiary in his or her current nonimmigrant status regardless of how long the beneficiary
has received the public benefit, or the beneficiary's current certification for receipt of public benefits. USCIS will
calculate the duration of each public benefit to be considered. If the beneficiary received public benefits intermittently
throughout the year, provide each instance separately. For example, if the beneficiary received Supplemental Nutrition
Assistance Program (SNAP) from January to February and June to December, list the information separately. If you
require additional space, use the space provided in Part 13. Additional Information.
Receipt means when a benefit-granting agency provides a public benefit to the beneficiary whether in the form of cash,
voucher, services, or insurance coverage. Only the public benefits received by or attributable to the beneficiary will be
considered.
Indicate whether the beneficiary has received or been certified to receive the following public benefits, since having
obtained the nonimmigrant status that you seek to extend or that you seek to change on behalf of the beneficiary. You
need to respond even if the beneficiary falls within one of the categories of individuals for whom receipt of public benefits
will not be considered - see table below for evidence that must be provided to document that the beneficiary qualifies for
the exclusion):
•
Any Federal, state, local, or tribal cash assistance for income maintenance;
•
Supplemental Security Income (SSI);
Form I-129L Instructions 10/02/20
•
Temporary Assistance for Needy Families (TANF);
•
Federal, state or local cash benefit programs for income maintenance (often called "General Assistance" in the
state context, but which may exist under other names);
•
Supplemental Nutrition Assistance Program (SNAP, formerly called "Food Stamps");
•
Section 8 Housing Assistance under the Housing Choice Voucher Program;
•
Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
•
Public Housing under the Housing Act of 1937, 42 U.S.C. 1437 et seq.; and
•
Federally-Funded Medicaid.
NOTE: You need only to report public benefits received by the beneficiary on or after October 15, 2019 but not any
received by the beneficiary before October 15, 2019.
If the beneficiary has not received any of the public benefits listed above, please select that option.
If the beneficiary is currently not certified to receive any of the public benefits listed above, please select that option.
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If the beneficiary has received or is certified to receive the public benefits but requested disenrollment, please provide, in
addition to providing the information about any exclusions below, evidence of the disenrollment or the request to disenroll
if the public benefit-granting agency has not processed the request.
Unless the beneficiary qualifies for certain exclusions listed in the table below, the beneficiary is ineligible for extension
of stay and change of status if the beneficiary has received, since obtaining the nonimmigrant status that you seek to
extend or which you seek to change on behalf of the beneficiary, the public benefits listed above for more than 12 months
in the aggregate within any 36-month period (such that, for instance, receipt of two public benefits in one month counts as
two months).
The following is a list of exclusions from the public benefit considerations listed above. If the beneficiary belongs to one
of the following categories, submit the evidence listed for the applicable categories.
Exclusion
Description
Evidence you must submit for the
beneficiary to qualify for exclusion (as
applicable)
U.S. Armed Forces Service
Members
At the time the public benefit was
received or at the time you file the Form
I-129, or at time of adjudication of the
I-129, the beneficiary is:
•
Service Members: Certified evidence of
alien's enlistment/service issued by the
authorizing official of the executive
department in which service member is
serving.
•
Spouses and Children of Service
Members: Copy of Form DD-1173,
United States Uniformed Services
Identification and Privilege Card
(Dependent).
•
An alien enlisted in the U.S. Armed
Forces, serving in active duty or in
the Ready Reserve component of
the U.S. Armed Forces;
•
The spouse or child of the service
member (listed above); or
•
The spouse or child of an individual
enlisted in the U.S. Armed Forces,
or serving in active duty or in the
Ready Reserve component of the
U.S. Armed Forces.
Form I-129L Instructions 10/02/20
Exclusion
Description
Evidence you must submit for the
beneficiary to qualify for exclusion (as
applicable)
Federally-funded Medicaid
•
Receipt by an alien child under 21
years of age;
•
•
The recipient of Medicaid
payment(s) for a an "emergency
medical condition";
A statement with information regarding
the "emergency medical condition"
determination (if applicable);
•
Documentation of payments under the
IDEA or school-based service; or
•
Pregnancy verification letter from
medical professional including estimated
duration of pregnancy.
•
The receipt of Medicaid for services
provided under the Individuals with
Disabilities Education Act (IDEA);
or
•
Receipt during pregnancy and
during the 60-day period after the
last day of the pregnancy.
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Children Who Will
Naturalize under INA 322
•
Child currently residing abroad who
entered the United States with a
nonimmigrant visa to attend
N-600K, Application for
Citizenship and Issuance of
Certificate Under INA Section 322
interview.
•
A copy of N-600K interview notice.
Public Benefits While in
Immigration Category
Exempt from Public Charge
•
Received public benefits while in a
category that is exempt from public
charge inadmissibility; or
•
Received public benefits while in a
category for which the applicant
had received a waiver for public
charge inadmissibility.
Information that evidences the applicant's
status or that the applicant received a waiver
for the public charge ground of
inadmissibility, such as:
•
Approval notice (Form I-797, Notice of
Action); or
•
Form I-94, Arrival/Departure Record.
Documentation
If the beneficiary has received or is currently certified to receive, any of the public benefits listed above, submit evidence
in the form of a letter, notice, certification, or other agency documents that contain the following:
1. Beneficiary's name;
2. Name and contact information for the public benefit granting agency;
3. Type of public benefit;
4. Date the beneficiary started receiving the public benefit or, if certified, date the beneficiary will start receiving the
public benefit; and
5. Date the benefit or coverage ended or expires (mm/dd/yyyy).
If the beneficiary has received or is currently certified to receive public benefits, please indicate whether an exclusion
applies to the beneficiary in Item Number 3., and provide the evidence listed in the chart above to demonstrate why the
benefit should not be considered.
Form I-129L Instructions 10/02/20
Part 7. Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the
United States
Item Number 1. U.S. Export Controls on 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 that files a Form I-129L to certify that to the best of its knowledge at the time of filing it has
reviewed the EAR and ITAR and determined 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, 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 the required authorization
from the U.S. Government.
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The petitioner must indicate whether or not a license is required in Part 7. Certification Regarding the Release of
Controlled Technology or Technical Data to Foreign Persons in the United States of Form I-129L.
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 CFF Part 774,
Supp. 1. See http://www.access.gpo.gov/bis/ear/ear_data.html#ccl. The USML is at 22 CFR 121.1. See http://
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 ITARcontrolled technical data on the USML generally pertains to that which is directly related to defense articles.
The U.S. Department of Commerce's Bureau of Industry and Security 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/index.php.policy-guidance/deemed-exports.
Information about the ITAR and how to apply for a license from DDTC are at www.pmddtc.state.gov.
Part 8. Filing An Individual Petition
Item Numbers 1. - 20. Provide the requested information only if you are filing an individual petition.
Part 9. Filing A Blanket Petition
Item Number 1. Provide the requested information only if you are filing a blanket petition.
Part 10. Petitioner's or Authorized Signatory's Statement, Contact Information, Certification, and Signature.
Select the appropriate box to indicate whether you read this petition yourself or whether you had an interpreter assist you.
If someone assisted you in completing the petition, select the box indicating that you used a preparer. Further, you must
sign and date your petition. If Part 10. is being completed by an authorized signatory, then the authorized signatory must
provide his or her daytime telephone number, mobile telephone number (if any), and email address (if any). Every
petition MUST contain the signature of the petitioner (or parent or legal guardian, if applicable) or an authorized
signatory. A stamped or typewritten name in place of a signature is not acceptable.
Form I-129L Instructions 10/02/20
Part 11. Interpreter's Contact Information, Certification, and Signature. If you used anyone as an interpreter to read
the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must fill out this
section; provide his or her name, the name and address of his or her business or organization (if any), his or her daytime
telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must
sign and date the petition.
Part 12. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the
Petitioner or Authorized Signatory. This section must contain the signature of the person who completed your petition,
if other than you, the petitioner. If the same individual acted as your interpreter and your preparer, that person should
complete both Part 11. and Part 12. If the person who completed this petition is associated with a business or
organization, that person should complete the business or organization name and address information. Anyone who
helped you complete this petition MUST sign and date the petition. A stamped or typewritten name in place of a
signature is not acceptable. If the person who helped you prepare your petition is an attorney or accredited representative,
he or she may also need to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited
Representative, or Form G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines
of the United States, along with your petition.
Part 13. Additional Information
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Item Numbers 1. - 6. If you need extra space to provide any additional information within this petition, use the space
provided in Part 13. Additional Information. If you need more space than what is provided in Part 13., you may make
copies of Part 13. to complete and file with your petition, or attach a separate sheet of paper. Type or print your company
or organization name at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your
answer refers; and sign and date each sheet.
We recommend that you print or save a copy of your completed application to review in the future and for
your records.
What Is the Filing Fee?
The filing fee for Form I-129L is $805.
NOTE: The filing fee is not refundable, regardless of any action USCIS takes on this petition. DO NOT MAIL CASH.
You must submit all fees in the exact amounts. USCIS will reject or deny your Form I-129L if you fail to submit required
fees when you submit your petition. You should pay the filing fee and each additional fee with separate checks or money
orders.
Fraud Prevention and Detection Fee
A petitioner seeking initial approval of an L nonimmigrant status for a beneficiary, or seeking approval to employ an L
nonimmigrant currently working for another petitioner, must submit a $500 Fraud Prevention and Detection fee.
Public Law 114-113 Fee
All petitioners who employ 50 or more employees in the United States must submit an additional fee of $4,500 mandated
by Public Law 114-113 for all L-1A and L-1B petitions if more than 50 percent of the petitioner's employees are in H-1B,
L-1A, or L-1B nonimmigrant status, except when filing an amended petition without an extension of stay request.
You must include payment of the fees with your submission of this petition. Failure to submit the fees when required will
result in rejection or denial of your submission.
NOTE: The Fraud Prevention and Detection fee and Public Law 114-113 fee, when applicable, may not be waived.
Form I-129L Instructions 10/02/20
Each fee should be submitted in a separate check or money order.
Payments by Checks or Money Orders
Use the following guidelines when you prepare your checks or money orders for the Form I-129L filing fee and additional
fees:
1. The checks or money orders must be drawn on a bank or other financial institution located in the United States and
must be payable in U.S. currency; and
2. Make the checks or money orders payable to U.S. Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials "USDHS" or "DHS."
Notice to Those Paying by Check. If you send USCIS a check, we will convert it into an electronic funds transfer
(EFT). This means we will copy your check and use the account information on it to electronically debit your account for
the amount of the check. The debit from your account will usually take 24 hours and your bank will show it on your
regular account statement.
You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS
cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If your
check is returned as unpayable, we may reject your petition.
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How To Check If the Fees Are Correct
Form I-129L's filing fee and additional fees are current as of the edition date in the lower left corner of this page.
However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps
below.
1. Visit the USCIS website at www.uscis.gov, select "FORMS," and check the appropriate fee; or
2. Visit the USCIS Contact Center at www.uscis.gov/contactcenter to get answers to your questions and connect with a
live USCIS representative. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf
or hard of hearing) call: 1-800-767-1833.
When to File?
Generally, you may not file Form I-129L more than six months prior to the date employment is scheduled to begin.
Petitioners should review the appropriate regulatory provisions in 8 CFR that relate to the nonimmigrant classification
sought.
Where to File?
Please see our website at www.uscis.gov/I-129L or visit the USCIS Contact Center at www.uscis.gov/contactcenter to
connect with a USCIS representative for the most current information about where to file this petition. Petitions filed in
the incorrect location may be rejected or denied. The USCIS Contact Center provides information in English and
Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Premium Processing:
To determine if your petition is eligible for Premium Processing, visit the USCIS website at www.uscis.gov/forms/howdo-i-use-premium-processing-service. If your Form I-129L is eligible for and you are requesting Premium Processing
Services, you must also file Form I-907, Request for Premium Processing Service. Send Form I-129L and Form I-907
together according to the filing instructions for Form I-907. Please see our website at www.uscis.gov/I-907.
Form I-129L Instructions 10/02/20
Address Change
A petitioner or beneficiary who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of
moving from his or her previous residence. USCIS will use the most recent address to notify the beneficiary that a
petition requesting an extension of stay or change of status has been denied. For information on filing a change of
address, go to the USCIS website at www.uscis.gov/addresschange or reach out to the USCIS Contact Center at
www.uscis.gov/contactcenter for help. The USCIS Contact Center provides information in English and Spanish. For
TTY (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not
process change of address requests.
Processing Information
Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not completely fill
out this petition, you will not establish a basis for your eligibility and USCIS may reject or deny your petition.
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Requests for More Information. USCIS may request that you provide more information or evidence to support your
petition. We may also request that you provide the originals of any copies you submit. If we request an original
document from you, it will be returned to you after USCIS determines it no longer needs your original.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition. At
the time of any interview or other appearance at a USCIS office, we may require that you provide your biometrics to
verify your identity and/or update background and security checks.
Decision. The decision on Form I-129L involves a determination of whether you have established eligibility for the
immigration benefit you are seeking. USCIS will notify you of the decision in writing.
A petition that is not properly filed may be rejected. A petition is not considered properly filed until accepted by USCIS.
Some reasons a petition may be rejected include that it is not properly signed, is not accompanied by the correct fee, or
was not properly filed with the correct Service Center. If rejected, USCIS will return the petition along with a notice that
identifies the basis for rejection. You may correct the deficiency and resubmit the petition, in most circumstances.
USCIS Forms and Information
To ensure you are using the latest version of this petition, visit the USCIS website at www.uscis.gov where you can obtain
the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS
forms by calling the USCIS Contact Center at 1-800-375-5283. The USCIS Contact Center provides information in
English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at
www.uscis.gov. Select "Tools," then under "Self Service Tools," select "Make an Appointment" and follow the screen
prompts to set up your appointment. Once you finish scheduling an appointment, the system will generate an appointment
notice for you.
Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129L, we
will deny your Form I-129L and may deny any other immigration benefit. In addition, you will face severe penalties
provided by law and may be subject to criminal prosecution.
Form I-129L Instructions 10/02/20
USCIS Compliance Review and Monitoring
By signing this petition, you have stated under penalty of perjury (28 U.S.C. section 1746) that all information and
documentation submitted with this petition are complete, true, and correct. You also authorize the release of any
information from your records that USCIS may need to determine your eligibility for the immigration benefit you are
seeking and consent to USCIS verifying such information.
The U.S. Department of Homeland Security (DHS) has the authority to verify any information you submit to establish
eligibility for the immigration benefit you are seeking at any time. USCIS' legal authority to verify this information is in 8
U.S.C. sections 1103, 1155, and 1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable
laws and authorities, USCIS may verify information before or after your case is decided.
Agency verification methods may include, but are not limited to: review of public records and information; contact
through written correspondence, the internet, fax, other electronic transmission, or telephone; unannounced physical site
inspections of residences and locations of employment; and interviews. USCIS will use information obtained through
verification to assess your compliance with the laws and to determine your eligibility for an immigration benefit.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse
or derogatory information that may result from a USCIS compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated an adverse action which may result in revocation or
termination of an approval.
Grace Periods
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When available to an L beneficiary who is already in the United States and is seeking a change of status or an extension of
stay, the Form I-94 attached to your approval notice will include any grace period (or additional period of admission) that
is provided by USCIS. Employment generally will not be authorized during the grace period.
DHS Privacy Notice
AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under the INA
sections 101, 214, 222, and 248 and 8 CFR parts 103, 214, and 248.
PURPOSE: The primary purpose for providing the requested information on this petition is to petition USCIS for an
alien to temporarily enter the United States as an L nonimmigrant worker. This petition is also used to request LZ blanket
approval. Additionally, an employer (or agent, where applicable) will also use this petition to request an extension of stay
of an L nonimmigrant worker or to change the status of an alien currently in the United States as a nonimmigrant to L
classification. DHS uses the information you provide to grant or deny the immigration benefit you are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information,
including your Social Security number (if applicable), and any requested evidence, may delay a final decision or result in
a rejection or denial of your petition.
ROUTINE USES: DHS may share the information you provide on this petition and any additional requested evidence
with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved
routine uses described in the associated published system of records notices [DHS/USCIS/ICE/CBP-001 Alien File,
Index, and National File Tracking System, DHS/USCIS-007 Benefits Information System, and DHS/USCIS-018
Immigration Biometric and Background Check] and the published privacy impact assessment [DHS/USCIS/PIA-016(a)
Computer Linked Application Information Management System and Associated Systems] which you can find at
www.dhs.gov/privacy. DHS may also share this information, as appropriate, for law enforcement purposes or in the
interest of national security.
Form I-129L Instructions 10/02/20
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 Office of Management and Budget (OMB) control number. The public
reporting burden for this collection of information is estimated at 3 hours, including the time for reviewing instructions,
gathering the required documentation and information, completing the petition, preparing statements, attaching necessary
documentation, and submitting the petition. 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, DC
20529-2140. Do not mail your completed Form I-129L to this address.
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Form I-129L Instructions 10/02/20
File Type | application/pdf |
File Title | I129L, Petition for Nonimmigrant Worker:
L Classification |
Subject | I129L Instructions |
Author | USCIS |
File Modified | 2020-09-17 |
File Created | 2020-09-17 |