In the intricate landscape of U.S. immigration, the I-129S form plays a pivotal role for employers seeking to classify noncitizen employees as L-1 nonimmigrant intracompany transferees.
Specifically designed for executives, managers, or specialized knowledge professionals, the I-129S is utilized under a previously approved blanket L petition.
This article provides an insightful guide to understanding and effectively utilizing Form I-129S.
Form I-129S Details:
The latest edition of Form I-129S is dated 12/13/23, and starting March 11, 2024, only this edition will be accepted.
Until then, the 09/03/21 edition is also permissible.
Applicants must ensure the edition date and page numbers are visible on all printed pages to avoid rejection.
Where to File Form I-129S?
The filing location depends on the noncitizen employee’s status and location. If outside the U.S., a U.S. consular officer should receive the form.
Canadian citizens may file Form I-129S directly with U.S. Customs and Border Protection (CBP) at designated locations.
For those within the U.S., submission at the Texas Service Center is required, following the instructions on Form I-129, Petition for a Nonimmigrant Worker.
Navigating Filing Fees and Key Procedures for L-1 Nonimmigrant Petitions:
The U.S. immigration process involves various intricate steps, and understanding the filing fees and procedures is crucial for employers and noncitizen employees involved in L-1 nonimmigrant petitions.
This comprehensive guide sheds light on the fees, extension of stay requests, change of status requests, and essential documentation required for travel.
Notably, beneficiaries admitted to the U.S. based on an approved blanket L petition must carry specific documentation for entry or re-entry, depending on their citizenship.
How much is the Filing Fee?
The filing process may entail a $500 Fraud Prevention and Detection Fee, with the potential of an additional $4,500 fee mandated by Pub L. 114-113. For more details, see the Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113).
Payments can be made using a money order, personal check, cashier’s check, or Form G-1450 for credit card transactions.
Each filing fee must be paid separately to accommodate the transition to electronic processing.
Extension of Stay Requests:
For beneficiaries admitted to the U.S. based on an approved blanket L petition, filing an extension of stay requires submitting Form I-129.
Form I-129S (09/03/21 or 12/13/23 editions) and a copy of the previously approved Form I-129S.
Change of Status Requests:
Seeking a status change to L-1 for beneficiaries currently in the U.S. necessitates the submission of Form I-129 and Form I-129S (09/03/21 or 12/13/23 editions).
Evidence of Petition Approval for Travel:
Noncitizen employees traveling to the U.S. under an approved blanket petition must carry
- Form I-797 (Notice of Action)
- A copy of the approved Form I-129S
- A valid passport and visa, if applicable
This documentation is crucial when seeking entry or re-entry into the U.S. in the approved L-1 employment classification.
I-94 Validity:
Upon admission to the U.S., Customs and Border Protection (CBP) grants noncitizen employees a specified period documented on Form I-94 or in the passport.
If the approved period ends before the Form I-129S petition’s validity or the blanket petition’s approved period, employers must file an extension of stay on behalf of the employee.
Alternative requests must be made according to applicable form instructions. Dependent family members must also adhere to these processes to maintain lawful status.
Checklist of Required Initial Evidence:
While an optional tool, the checklist highlights crucial initial evidence, such as a copy of the approval notice for the blanket L petition and a detailed letter specifying the employee’s employment details, qualifications, and salary.
Translations must be provided for foreign-language documents.
Form Filing Tips:
Detailed form filing tips stress the importance of completing all sections, signing the form, and submitting the required evidence. The transition to electronic processing emphasizes separate payments for filing fees to prevent potential rejection.
Conclusion:
Form I-129S is a vital tool for employers navigating the intricacies of the L-1 nonimmigrant classification.
Staying abreast of the latest edition, filing locations, fees, and required evidence is essential for a successful submission.
Employers and applicants should follow the outlined guidelines meticulously, enhancing their chances of a favorable outcome in the complex realm of U.S. immigration.
For more details, please visit the USCIS Official website.
