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The company must file Form I-129
with the appropriate INS Service Center, along with
the documents proving eligibility and a filing fee
of $130.00.
The documentation is essentially
the same as that required for establishing the
corporate relationship between two specific
corporate entities planning an L 1 transfer in an
individual petition. Evidence must be submitted to
show that the parent company and all branches,
affiliates, and subsidiaries to be included are
engaged in commercial trade or services, are
actively doing business at present, and will
continue to actively do business indefinitely. The
easiest way to document this is to provide Annual
Report and 10 K statement of a publicly traded U.S.
company, or equivalent documents for a foreign
parent company. These documents should provide
adequate information about the nature of the
business, the revenues of each component of the
company, and the existence of three or more entities
worldwide.
It is helpful to include a chart
of the corporate structure with appropriate
ownership percentages designated on the chart.
A transfer from or to a corporate
entity not identified in the Blanket Petition, or of
a specialized knowledge applicant who is not a
professional, cannot be made without filing an
individual petition.
The petition is adjudicated and
maintained at the INS Service Center where it is
filed, so that all future amendments or extensions
of the Blanket Petition, extensions of stay for
individual transferees, or individual petitions
filed for particular aliens can be coordinated with
the Blanket Petition at that Center.
If approved, Form 1-797 is issued
identifying all corporate entities among which
transfers can be made. The approval notice is valid
for a period of three years initially. After the
initial three-year approval, the company can obtain
an indefinite extension of the program. Subsequent
changes to the relationship among the approved
corporate entities, or the inclusion of new
additions, must be submitted to the INS for
consideration and issuance of a new approval notice.
A Blanket L-1 Petition is
approved for an initial three year period. That
period can be extended indefinitely at the end of
the first three years. |