Form I-129S, Explained

Eligibility for Form I-129S

Employers

• Must have an approved L-1 Blanket Petition.
• Be a qualifying multinational company. See more about what type of organization qualifies.

Employees

• Must have worked for the employer abroad for at least one continuous year within the past three years.
• Must be transferring to a U.S. branch to work as a manager, executive, or specialized knowledge worker.

Processing Time

The processing time for Form I-129S varies depending on the consulate. You can check the specific consulate’s website for current processing times.

Cost

Form I-129S itself does not have a direct filing fee. However, there are associated costs depending on the circumstances. Employees applying for at a U.S. consulate must pay the visa application fee, which is $205. Additionally, employers are required to pay a Fraud Prevention and Detection Fee of $500 for first-time L-1 visa issuance under the blanket petition. A reciprocity may also be required, depending on the applicant’s home country.

If an employer uses premium processing to expedite the application, there is an additional fee of $2805.

Supporting Documents

When filing Form I-129S, both the employer and the employee must provide a set of documents to prove they are eligible for the L-1 visa under the blanket petition. Applicants and employers must include:

1. Completed Form I-129S
   • This form must be filled out accurately, with all required fields completed. The information should clearly outline the job role, the employee’s qualifications, and the company’s eligibility under the blanket petition.
2. Copy of the Approved L-1 Blanket Petition
   • Employers must provide the approval notice (Form I-797) for the company’s blanket L petition. This serves as proof that the organization has already been pre-approved to transfer employees under the L-1 program.
3. Evidence of Qualifying Employment Abroad
   • To demonstrate that the employee worked for the company abroad for at least one continuous year within the past three years, provide:
     • Pay stubs or tax records from the foreign company.
     • Employment verification letter stating the employee’s job title, duties, and duration of employment.
     • Organizational charts showing the employee’s position within the company.
4. Evidence of the U.S.-Foreign Company Relationship
   • To prove the relationship between the U.S. company and the foreign entity, include documents such as:
     • Articles of incorporation or other legal documentation showing ownership structures.
     • Annual reports or financial statements showing common ownership or control.
     • Franchise agreements or other contracts that establish the business relationship.
5. Proof of Specialized Knowledge or Managerial/Executive Role
   • If the employee is transferring as a specialized knowledge worker, provide detailed job descriptions, training certificates, or evidence of unique skills critical to the company.
   • For managerial or executive roles, include organizational charts, job descriptions, or letters from senior executives outlining the employee’s responsibilities and decision-making authority.
6. Passport and Identity Documents
   • A valid passport for the employee and copies of any prior L-1 or other visa stamps should be included to verify identity and visa history.
7. Educational and Professional Credentials
   • Include degrees, certifications, or licenses relevant to the employee’s job role, particularly for specialized knowledge workers.
8. Job Offer Letter or Assignment Letter
   • Provide a letter detailing the employee’s new role in the U.S., including responsibilities, salary, and how the role aligns with the company’s operations.

Providing comprehensive, organized, and clear documentation significantly improves the chances that your application will be approved and avoids unnecessary delays or requests for additional evidence (RFEs).

Common Mistakes to Avoid

• Incorrect or Missing Information: Ensure all fields on Form I-129S are accurately completed.
• Insufficient Evidence: Failing to provide required documentation can lead to delays or denials.
• Outdated Form: Always use the latest version of Form I-129S from the USCIS website.
• Misclassification: Ensure the employee’s role aligns with the L-1 visa requirements (manager, executive, or specialized knowledge).
• Missed Deadlines: Submit the application well before the intended start date to avoid processing delays.

FAQs