Understanding L-1 Visa Duration and Extensions | VKM Law Group

The L-1 visa is a non-immigrant visa that allows multinational companies to transfer employees from their foreign offices to their U.S. branches. It is available in two categories: L-1A for executives and managers, and L-1B for employees with specialized knowledge. Understanding the initial validity period and the process for obtaining extensions is crucial for both employers and employees to ensure compliance and continued employment in the U.S.

Initial Validity Period

• L-1A Visa (Executives and Managers): The initial validity period for an L-1A visa is up to 3 years. If the employee is coming to the U.S. to establish a new office, the initial validity is typically limited to 1 year.
• L-1B Visa (Specialized Knowledge Employees): The L-1B visa is initially valid for up to 3 years. For new office setups, the initial period is also 1 year.

Extensions and Maximum Stay

After the initial period, L-1 visa holders may apply for extensions if they continue to meet the eligibility criteria. The process requires the employer to file a petition with USCIS, including evidence that the visa holder still qualifies for the L-1 status.

• L-1A Visa Extensions: Extensions can be granted in increments of 2 years each, up to a maximum stay of 7 years.
• L-1B Visa Extensions: Extensions are also granted in increments of 2 years each, with a maximum stay of 5 years.

Extension Process

1. File Form I-129: The employer must file Form I-129, Petition for a Nonimmigrant Worker, along with supporting documents to request an extension of the L-1 visa.
2. Supporting Documentation: Evidence should include proof of the continued qualifying relationship between the U.S. and foreign entities, details of the employee’s job duties, and verification that the employee meets the requirements for L-1 status.
3. Timely Submission: To avoid gaps in employment authorization, it’s essential to file for an extension well before the current visa expires. USCIS recommends submitting the petition at least 45 days before the expiration date.

Considerations

• Changes in Job Role or Company Structure: Any significant changes in the employee’s role, salary, or the company’s structure may require an amended petition.
• Recapturing Time: If the visa holder spent time outside the U.S. during their stay, they might be eligible to recapture that time and extend their stay beyond the standard maximum period.

Securing an extension for an L-1 visa requires careful planning and timely action. With proper documentation and adherence to USCIS guidelines, employees can continue their assignments in the U.S. for the full duration allowed under the L-1 program. For those navigating this process, consulting with an experienced immigration attorney can help ensure compliance and avoid unnecessary delays.

If you need assistance with L-1 visa extensions, VKM Law Group is here to help. Contact us today for expert legal guidance tailored to your needs.