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L-1 Visa Applicants on Blanket L Petition Must Use of New Form I-129S starting August 29, 2016

The Department of State reportedly has confirmed that starting August 29, 2016, U.S. consular posts (i.e., embassies, consulates general, and other U.S. missions abroad) will accept only USCIS’s new, June 2, 2016, version of Form I-129S from L-1 nonimmigrant intracompany transferees. This is in line with USCIS’s prior announcement, at “Starting 08/29/2016, USCIS will only accept the 06/02/16 edition. Until then, you can use the 06/12/13 edition.”

This means that all employers who have employees or prospective transferring employees making applications abroad for blanket-based L-1 visas must ensure that such applicants appearing at the relevant consular post on or after August 29th present the June 2, 2016, edition of Form I-129S with their petition or application package. As usual, the form is presented in triplicate. Any applicant appearing before August 29th can continue to use the June 12, 2013, edition.

This change affects only blanket-based L-1 applications. Workers applying for visas based on an approved individual L-1 petition do not use Form I-129S and are not subject to this requirement.

Jackson Lewis P.C. © 2020National Law Review, Volume VI, Number 239


About this Author

Marko C. Maglich, Jackson Lewis, Merger transactions attorney, workplace enforcement lawyer

Marko C. Maglich is a Principal in the White Plains, New York, office of Jackson Lewis P.C. Prior to joining the firm, he directed the corporate U.S. immigration practice of a large international law firm.

Mr. Maglich practices immigration law exclusively, and is a member of the firm’s Immigration practice group. Mr. Maglich’s practice deals with all aspects of business-related visas, compliance by employers and individuals with U.S. immigration law (including in M&A transactions and workplace enforcement), and in...