Chapter 7 - Filing

A. General

USCIS requires a petitioning employer to file a Petition for a Nonimmigrant Worker (Form I-129) with the required fee in order to classify a beneficiary as an L-1 nonimmigrant.^[1] Form I-129 must be filed in accordance with DHS regulations and the Form I-129 instructions.^[2] To properly submit an L-1 petition on Form I-129, the petitioner should designate the filing as either a:

• Petition for a nonimmigrant worker; or

• Nonimmigrant petition based on blanket petition.

When petitioning USCIS to classify the beneficiary as an L-1 nonimmigrant either individually or under an approved blanket petition, the petitioner must file Form I-129 with USCIS at the proper filing location, with the correct fee and signature.^[3] This petition must be filed with the service center that has jurisdiction over L-1 petitions in the geographic area of intended employment.^[4]

Nonimmigrant Petition Based on Blanket Petition

If a currently valid L-1 blanket approval is in place,^[5] a petitioner may seek to classify the beneficiary as an L-1 nonimmigrant under the approved L-1 blanket petition (but may also file a regular individual L petition for the beneficiary). This is done by filing the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) either with USCIS at the service center that approved the L-1 blanket petition, with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad, or with U.S. Customs and Border Protection (CBP) at a port-of-entry.

In most cases, the L-1 beneficiary submits the Form I-129S to DOS when applying for an L-1 visa at a U.S. embassy or consulate. If the beneficiary is exempt from the visa requirement, the petitioner may file the Form I-129S with USCIS at the proper filing location.^[6]

When the temporary employment will be in different locations, the state or territory where the petitioning company or organization’s primary office is located determines the appropriate service center to send the Form I-129S package, regardless of where in the United States the various worksites are located.^[7]

The filing location for a petition seeking an extension of stay may be different from the location for a petition requesting original classification.

Time of Filing

A petitioner may not file the L-1 petition with USCIS more than 6 months before the beneficiary’s start date. The petitioner indicates the start date on the Form I-129. In general, USCIS should process L petitions within 30 days of receipt.^[8] The petitioner must fulfill all eligibility requirements as of the filing date of the petition.^[9]

B. Fees

The appropriate filing fees must accompany an L-1 petition. In addition to the base filing fee, there are additional fees imposed by statute.

Base Filing Fee

There is a base filing fee for petitions filed on a Form I-129. There is no base filing fee for a Form I-129S. USCIS posts current fee information on the Filing Fees webpage.

Fraud Prevention and Detection Fee

In addition to the base filing fee, the L-1 petitioner must pay a Fraud Prevention and Detection Fee of $500 when:

• The petition is for an initial grant of L-1 classification for the beneficiary;

• The petition is for a change of status to L-1 classification; or

• The petition is to obtain authorization for an L-1 beneficiary to change employers.^[10]

If one of the above scenarios applies, the petitioner must pay the fee regardless of the type of petition filed or where or with which agency it is filed.

If the beneficiary is changing status from H-1B with the same employer, the $500 fraud fee is required because such a change is considered an initial grant of L-1 classification.

Consolidated Appropriations Act of 2016

On December 18, 2015, the Consolidated Appropriations Act of 2016 (referred to as Public Law 114-113) became law.^[11] Public Law 114-113 imposes an additional fee of $4,500 for certain L-1A and L-1B petitions beyond the base fee, Fraud Prevention and Detection Fee, as well as any premium processing fee, if applicable. This Public Law 114-113 fee is in effect until September 30, 2027.

A nonimmigrant petition for L-1 status postmarked on or after December 18, 2015, through September 30, 2027, must include this fee if the petition requests:

• An initial grant of L-1A or L-1B status or authorization to change employers; and

• The petitioner employs 50 or more employees in the United States, and more than 50 percent of those employees are in H-1B or L-1 status.

USCIS requires this fee when the petitioner requests a change of status from H-1B to an initial grant of L-1 for the same beneficiary to perform essentially the same job.

All the petitioner’s employees in the United States should be counted when determining whether it is subject to the Public Law 114-113 fee. If a petitioner claims exemption from this fee based on a combination of employees within a controlled group of corporations, a Request for Evidence may be appropriate to request clarification about the number of the petitioner’s employees in the United States.

When determining the total number of employees in the United States for the purpose of the Public Law 114-113 fee, petitioners should not include:

• Employees from partnerships, proprietorships (or others), which are under common control;

• Employees from affiliated service groups; and

• Leased employees.

Footnotes

[^ 1] See 8 CFR 103.2(a)(1).

[^ 2] See 8 CFR 103.2(a)(1). In addition, see the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker webpage.

[^ 3] See 8 CFR 103.2.

[^ 4] See the Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker webpage. Canadian L-1 beneficiaries seeking admission under the blanket petition L process have the option of applying for L-1 classification in conjunction with their application for L-1 admission to the United States. In these cases, the beneficiary presents the signed petition, fees, and supporting documentation to a CBP officer at certain ports-of-entry (POEs) on the United States-Canada land border or at a U.S. pre-clearance or pre-flight inspection station in Canada (pre-flight station).

[^ 5] Once a petitioner meets the filing requirements for L-1 blanket petitions and USCIS determines there are qualifying entities, USCIS prepares a list of all qualifying entities. USCIS sends the list with the approval notice for the petition. The approval notice means that it is permissible for any of the qualifying entities to petition to transfer an employee from any approved foreign entity to any approved U.S. entity.

[^ 6] Canadian L-1 beneficiaries have the option of applying for L-1 classification under the approved blanket in conjunction with an application for L-1 admission to the United States. In these cases, the beneficiary presents the signed Form I-129, applicable fees, and supporting documentation to a CBP officer at certain POEs or certain pre-flight inspection stations.

[^ 7] For example, if the beneficiary will work in Arizona and Texas, and the petitioning company’s primary office is in New York, then USCIS treats New York as the workplace for filing location purposes. If the beneficiary will work in Florida and Georgia, and the petitioning company’s primary office is in California, then USCIS treats California as the workplace for filing purposes. USCIS requires the petitioner to provide certain evidence if an L-1B beneficiary is to be stationed in the United States primarily at a worksite outside that of the petitioner (or its parent, branches, affiliates, or subsidiaries). The offsite placement must be in connection with an exchange of products or services between the petitioning company and the unaffiliated company for which specialized knowledge specific to the petitioning company is required.

[^ 8] See INA 214(c)(2)(C). See 8 CFR 214.2(l)(7)(i).

[^ 9] See 8 CFR 103.2(b)(1) and 8 CFR 103.2(b)(12).

[^ 10] See INA 214(c)(12)(A).

[^ 11] See Pub. L. 114-113 (PDF) (December 18, 2015).