The blanket L process can be a useful way for qualifying employers to sponsor intracompany transferees for work in the U.S. However, despite its utility, inconsistencies abound in the length of stay granted to blanket L beneficiaries at U.S. ports of entry. ‘
Specifically, inconsistencies can arise when the initial validity period of a blanket petition expires before the ending validity date of a beneficiary’s endorsed I-129S. 9 FAM 402.12- 16(A)(b) clarifies the appropriate admission practice in this scenario, stating that:
- “The beneficiary of a blanket petition may be admitted for up to three years even though the initial validity period of the blanket petition may expire before the end of the threeyear period.”
Notwithstanding the FAM’s confirmation that a blanket L beneficiary may be admitted beyond the ending validity date of the blanket petition, neither the FAM nor the immigration regulations provide clear guidance on determining a blanket L beneficiary’s maximum permitted stay in the U.S., resulting in unpredictable authorized admission periods.
To provide some clarity on the issue, the Department of State Visa Office (VO) confirmed its blanket L admission policy to AILA in a liaison meeting on October 8, 2015 (AILA Doc. No. 15103066). Specifically the VO confirmed that the validity dates on an endorsed I- 129S define a blanket L beneficiary’s authorized period of admission, in contrast to prior CBP guidance confirming that a blanket L beneficiary is entitled to a uniform three-year admission period.
Although it has not released any public guidance, it appears CBP has abandoned its former uniform three year blanket L admission policy, and adopted a new policy in line with the VO. However, until CBP officers are fully apprised of current admission policy, inconsistent admission periods will remain prevalent. In cases where a blanket L beneficiary’s admission is mistakenly cut short, he/she should contact the local deferred inspection office to request correction of his/her I-94; the blanket L beneficiary should be prepared to present his/her passport, I-94, endorsed I-129S, and blanket L approval notice in order to be granted an updated admission period.