How The L-1 Visa Extension Works In The US

An L-1 visa is a temporary visa that allows you to live and work in the United States only for a limited period. An L-1 visa extension does not come automatically. You need to apply to stay in the United States legally for an extended period. L-1 visa extensions are important for two reasons.

First, they allow the visa holder to continue to work and legally reside in the United States. Second, they require proper documentation and compliance with certain legal requirements. You could face unnecessary delays or denial if the process is improperly managed.

Immigration policies and procedures are constantly evolving. Staying up-to-date on the most recent L-1 visa extension requirements can significantly impact your application’s success. This highlights the need for employers and employees to be proactive and informed regarding L-1 visa extensions to obtain a successful extension, retain legal status, and continue to work for and contribute to the company’s success in the US.

When your permitted stay ends, you will be asked to leave the US and will need to reapply for L-1 status a year later. If you do not obtain a different legal status under another classification, you cannot return. If your application is late or rejected, the repercussions could be significant. This is both in terms of your professional and personal life.

Due to the urgency of your case, seeking proper advice is the most effective way to get an L-1 visa extension. If you are an L-1 employee or an employer with at least one L-1 employee in the US, you may ask yourself, “Can I get an L-1 visa extension?” and “How long does the process take?”

This post details how to apply for an L-1 visa extension if your stay in the United States is approaching its end.

Overview of the L-1 visa

The L-1 visa is issued by the US Citizenship and Immigration Services (USCIS). It is intended for foreign employees of US-based multinational companies seeking to move to the United States or open a new office in the US.

The employee must have continuously worked for the foreign company for at least one year in the three years preceding the application for the L-1 visa. The L-1 visa comes in two subcategories: L-1A, for managers and executives, and L-1B, for employees with specific knowledge.

These subcategories are based on the nature of the job you perform. However, in both cases, the employee must have worked in the job in question for at least one year of the preceding three years before being admitted into the US.

The benefits of the L-1 visa

The L-1 visa provides the following benefits:

1. L-1 status allows you to work and live in the United States for the length of your visa.
2. L-1 status allows you to move to the United States with your spouse and unmarried children under 21 years of age.
3. L-1 visa permits your spouse to work in the United States and your children to attend school there.
4. L-1 visa permits your spouse and your children to enroll in school.
5. L-1 visa dual intent allows you to apply for permanent residence without affecting your L-1 status.
6. You can use premium processing.

Duration of the L-1 visa

There are two main types of visas in the US: immigrant and nonimmigrant. An immigrant visa is issued to foreign nationals who plan to reside and work in the US permanently. On the other hand, a non-immigrant visa is issued only to foreign nationals who want to work and live in the US temporarily.

The L-1 visa is a non-immigrant visa that allows foreign employees of international organizations to temporarily move to the parent company, branch company, affiliate company, or subsidiary company of the same organization in the US. If you work for an established office in the US, you will be issued an initial L-1 visa for three years.

However, if you have been approved for L-1 status and come to the US to establish a new office, your initial L-1 visa will only be for one year. The actual duration of your L-1 visa depends on the type of L-1 visa you have. The duration for L-1A and L-1B visas is different. An L-1A visa is usually granted for an initial three years.

The length of stay can be extended in increments of two years. However, it is limited to a maximum of seven years. After seven years, the L-1A visa holder may be forced to leave the United States unless they have switched to another visa. Conversely, the L-1B visa is generally granted for an initial three-year period, which can be extended for two years.

However, the maximum permissible length of stay for L-1B visas is five years. In some cases, L-1B visa holders may be eligible for a longer stay if they meet the requirements for L-1A visas and have secured support from an employer in the United States. The L-1 visa duration for new and existing offices also differs.

The USCIS will issue an initial L-1 visa to a new office for one year, with the option of extending that period by two years. In the case of an existing US office, the usual duration for the two types of L-1 visas apply.

After reaching the L-1 visa limit of five or seven years and being unable to transfer to another visa or green card, L-1 visa holders will need to remain outside the United States for a minimum of one year before being eligible to reapply.

 Who can apply for the L-1 visa extension?

Just because your L-1 visa is about to expire does not mean you are eligible for the L-1 visa extension. According to USCIS, the criteria for extending an L-1 are as follows:

1. You have a valid (or renewed) L-1 visa.
2. You have not committed a crime in the United States that would make you ineligible for a visa.
3. When your initial L-1 visa was granted, you did not violate the terms of your admission into the United States.
4. You have held a valid passport during your stay in the United States.
5. You must remain employed by the sponsoring company.
6. The sponsoring company must remain actively in business. This means the company must continue conducting business throughout the L-1 visa stay in the US.

The L-1 visa extension process

Depending on the L-1 classification, L-1 visa holders can stay in the US for up to 5 or 7 years. L-1A visa (for managers or executives) permits a maximum stay of 7 years, while L-1B (for specialized knowledge workers) allows a maximum stay of 5 years. The L-1 visa extension can only be done by your employer.

The L-1 visa extension petition must be filed at least 60 days before your current I-94 expires. The I-94 issued by US Customs and Border Protection (CBP) upon your L-1 status entry determines the length of stay, which is usually tied to the length of your existing approved L-1 visa petition.

For the L-1 visa extension, you must meet the same requirements as the initial L-1 application.

 L-1 visa extension options

The L-1 visa extension has two options. It allows you to extend L-1 visas beyond the initial two-year visa period. The first option is to file a regular extension, which involves filing a separate petition for each beneficiary before the initial L-1 visa period expires. Employers should look into this option if they plan on renewing individual employees at various times.

The second option is a blanket petition, which allows you to file a single petition for many L- 1 transferees simultaneously. This is the most efficient option if you file multiple petitions for multiple visa holders simultaneously.

The right time to file for the L-1 visa extension

If you are applying for both the L-1A and L-1B visas, you must apply for an extension before your L-1 status expires. The expiry date should be noted on Form I-94, the electronic record of your arrival/departure in the United States.

If you changed your L-1 status while in the country and have not left since, your I-94 card may appear at the bottom of the L-1 approval notice provided by USCIS. If USCIS receives your petition before your status expires, it does not have to approve it. Once your petition is received, you can work for your employer until your L-1 visa extension is approved.

The L-1 visa extension timeline

The processing time for an L-1 visa extension depends on several factors. Generally, standard processing takes anywhere from 2 to 4 months. This includes processing your employer’s Form I-129, as submitted to USCIS, and additional processing required by your consulate abroad (if needed).

Once your petition is filed, processing usually takes between 30 and 90 days. However, in some cases, depending on the workload of the specific service center, it may take up to 6 or 8 months to process the L-1 visa extension petition. L-1 visa extension petitions may be eligible for premium processing, an expedited application process at an additional cost.

Premium processing means you will receive your visa within 15 days of petition submission. Remember that premium processing doesn’t guarantee that the L-1 visa extension petition will be approved, but it reduces the time it takes for USCIS to process it.

If USCIS doesn’t process the L-1 visa extension petition in 15 calendar days or less, you will receive your premium processing fee back. Be sure to consult with your immigration attorney regarding your visa application.

Things that affect the processing time of the L-1 visa extension

A number of factors can affect processing time, including the USCIS’ current workload, the complexity of your case, and the completeness of your application. High application volumes can lead to long wait times.

On the other hand, a well-structured and complete petition package can help avoid delays. Issues or complexities in your case can also lengthen processing times.

Get help!

The L-1 visa permits foreign companies to transfer some of their employees to work in the United States. However, it is a temporary non-immigrant visa. The total length of an L-1 visa is between 5 and 7 years. The length of the initial L-1 visa depends on whether you are applying for the L-1A or L-1B visa.

The initial length will also depend on whether you want to apply for a new office or work for an existing company. If you wish to extend your L-1 visa beyond the standard length of 5 and 7 years, you may wish to recapture time spent outside of the US, or you may want to petition for a change or adjustment of your status.

Please do not hesitate to contact Gehi and Associates if you have any questions about the information provided in this blog or would like to speak with an experienced immigration lawyer. Connect with us today!