The USCIS has released the revised Form I-129S, which employers use to file Blanket L applications and petitions for temporary workers at U.S. Consular Posts and with the USCIS.
©IMMIGRATION UPDATE
July 12, 2013
USCIS ANNOUNCES REVISIONS TO FORM I‐129S
(BLANKET L PETITION FOR A NONIMMIGRANT WORKER)
The USCIS has released the revised Form I‐129S, which employers use to file Blanket L
applications and petitions for temporary workers at U.S. Consular Posts and with the USCIS. The
new Form is available for immediate use, but not mandatory until September 9, 2013. The
changes will require employers to provide additional information related to their employee’s
proposed activities in the U.S. and make the form more consistent with the Form I‐129 and L
Supplement.
Below is a summary of the primary changes in Form I‐129S for the Blanket L‐1
nonimmigrant visa classification.
Certification of Compliance with U.S. Export Control Regulations Added
The certification that has been in place on the regular Form I‐129 since November 2010
dealing with U.S. laws regarding export controls is now incorporated into the Form 1‐129S. The
employer must certify on new Form I‐129S that it has reviewed the Export Administration
Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and that it has
determined whether an export license from the U.S. Department of Commerce or the U.S.
Department of State is required. If the employer has determined that an export license is
required, the employer must certify that it will prevent access to the controlled technology or
technical data by the employee until and unless the employer has received the required license
or other authorization to release it to the employee.
Off‐Site Work Location Information Required
The new Form I‐129S asks whether the L‐1B specialized knowledge employee will work
off‐site and, if so, who will control and supervise the work and why the employee’s specialized
knowledge is needed at that worksite. The section also requests additional information related
to the method of control over the employee’s work that the employer will maintain while
offsite.
These changes should be considered by employers prior to utilizing the new Form I‐129S
to ensure that Blanket L‐filings are not delayed. If you have any questions regarding the new
Form I‐129S, please contact your FosterQuan immigration attorney for more information.
As always FosterQuan will continue to monitor immigration regulations and procedures
and will provide additional information in future Immigration Updates©, and on our firm’s
website at www.fosterquan.com.
Prepared by FosterQuan, LLP p a g e 1 of 1
© FosterQuan, LLP 2013