Guide To The United States’ L-1 Visa Renewal

The L-1 visa allows you to stay in the United States for a limited period. If you wish to remain in the United States beyond your visa’s expiration date, you must apply for an L-1 visa renewal before your current visa expires.

Your employment depends on your visa status, and your children under 21 years and spouse are now likely settled in the United States on L-2 visas. So, getting the L-1 visa renewal early is critical. It safeguards your employment and residency in the United States and reduces the likelihood of legal complications caused by visa overstays.

Living as an immigrant can often be difficult. First, you probably don’t know as much about the nuances of the US legal system. Most of the time, each country has its own set of laws and regulations that rarely overlap. This is why the L-1 visa renewal process requires attention to detail and meticulous preparation to ensure you comply with all US immigration laws and regulations.

This guide will provide you with all the information you need to go through the L-1 visa renewal process successfully. Whether you are nearing the end of your visa or planning to renew, this guide will give you all the information and tools you need to make your L-1 visa renewal a success.

The meaning of the L-1 visas

Before we consider the specifics of the L-1 visa renewal, let us first understand what the L-1 visa is about. The L-1 visa is a non-immigrant work visa allowing international companies to transfer workers abroad to a US company, affiliate, or branch. This type of visa also allows employees to establish new branches in the US.

The L-1 visa is a great option for companies that want to access global talent by allowing key employees to work and live in the United States to contribute to their business growth. An L-1 employee is authorized to remain in the US and work. The maximum length of authorization is five to seven years, depending on the category of the L-1 visa.

Of course, the L-1 visa has several advantages, including the ability to work and reside in the United States. You can also obtain work authorization for yourself and your spouse and renew your visa.

You can apply for the L-1 visa renewal, whether an L-1A or L-1B holder. It is important to note that you must submit your application for renewal before the official expiry date of your visa, which is typically noted on form I-64.

Overview of the L-1 visa renewal

The L-1 visa classification allows existing employees of affiliated foreign offices of international organizations to move to the United States temporarily. L-1 visas are nonimmigrant visas with a maximum stay of five to seven years in the US. However, an L-1 visa holder can request a renewal of their initial grant of a three-year stay period through the L-1 visa renewal process.

With each renewal, you will get two additional years in the US. That means that to remain in the US on an L-1 visa, you will need to apply for a renewal every 2 years until you have been in the country for 7 years if you are an L-1A visa employee (or 5 years for an L-1B visa employee).

At some point, you may want to look at a more permanent immigration status. If you are eligible and qualify, a green card could be an option. If you decide not to renew, you will have to leave the United States before the expiry date of your L-1 visa. After leaving the US, you will need to wait one year before you can reapply for the L-1 visa.

Who is eligible for the L-1 visa renewal

If you are applying for the L-1 visa renewal, you will need to prove that you are still in compliance with the visa requirements. However, the US government may revise these requirements. An immigration lawyer can provide personalized L-1 visa renewal application guidance to help you stay up-to-date with the most recent visa policies and procedures. The most common eligibility criteria are:

1. Your L-1 visa is still valid—To apply for the L-1 visa renewal, you must have valid L-1 status. This means that your L-1 status has not expired and that you have not breached its terms.
2. You meet the qualifying employment duration – To be eligible for a renewal, you must have worked for the sponsoring company for at least one year in the preceding three years. You will be required to provide proof of continuous employment in management, executive, or knowledge capacity.
3. You must be working in a qualifying position – In the US, your position must continue to be managerial, executive, or require specialist experience. You will need to provide detailed documentation to support your role and skills.
4. The sponsoring company must be eligible—To be considered for the L-1 visa renewal, the US employer must maintain a bona fide relationship with the foreign entity. This can be a parent company, a branch, a subsidiary, or an affiliate. The US company must continue to conduct business in the US and in at least another country. The company can do this directly or through an approved organization. This requirement must be fulfilled for the length of the L-1 visa stay.

You don’t need to be out of the country to apply for the L-1 visa renewal, and as long as you haven’t exceeded the maximum length of time, you can stay in the US under the L-1 classification. This includes time spent as a H temporary nonimmigrant worker.

The L-1 visa renewal process

The L-1 visa renewal process is an important step for individuals who are applying to renew their stay as L-1A (for executives or managers) or L-1B (for specialized knowledge employees) visa holders. There are several steps to this process, such as:

1. Checking eligibility.
2. Collecting required documents early.
3. Completing the application form.
4. Paying the application fee.
5. Submitting the application package.

If you are outside of the US, you should follow the instructions provided by the specific consulate for L-1 visa renewals. Once you submit your application to USCIS, they will send you a receipt notice. If more information is needed, they may issue an RFE.

If the sponsoring company does not have an L-1 blanket petition, they will need to submit a new petition on your behalf to USCIS using form I-129. You will need to fill out all the required information and attach supporting documents. Applicants will be notified to arrange an interview at a US embassy or consulate, during which they will be asked to review their application and documentation.

To attend the interview, applicants must bring all required documents, including their passport, photos, visa appointment confirmation, and any other documentation the consulate may request. If your L-1 visa renewal application is approved, you will be notified of how and when your passport will be returned to you with your new visa.

The L-1 visa renewal processing time

The processing time for your L-1 visa renewal depends on a few things. First, it depends on how many people work at the USCIS processing center handling your application. Second, it depends on whether you are using premium processing. It is also important to know that the processing times can change.

The average processing time for an L-1 visa renewal is a few weeks to a few months, but it can vary depending on the workload at USCIS service centers. If your employer chooses to pay premium processing, you can expect your application to be processed in 15 calendar days or less.

Please note that premium processing only increases the processing time of your application. This expedited service will only reduce the processing time for the L-1 visa renewal petition. It will not affect your interview time or the time needed for your visa to be issued by your consulate.

For applicants who need to undergo consular processing, the consular office may need more time to schedule their interview and process their visa. Consular processing times vary greatly from embassy to embassy and consulate to consulate.

Some applications require additional security checks and administrative processing, which may increase your processing time. If you would like to know how long it will take to process an L-1 visa renewal, you can check the USCIS official website or contact one of our immigration lawyers.

This will give you the information you need to plan for your next L-1 visa renewal.

How do you support your application?

To ensure a successful L-1 visa renewal process, start early, use a checklist, organize documents logically, and submit copies to USCIS. It is also crucial to double-check for accuracy, consult with an immigration lawyer, and use a well-organized cover letter.

Start early to avoid last-minute rushes and ensure you have time to procure the necessary documents. Group documents by category and use tabs or separators for easy navigation. Always submit copies to USCIS and keep original documents for your records. Double-check all forms and supporting documents for completeness and accuracy.

Consult with an immigration lawyer to ensure your application meets current requirements and is presented in the best possible way. Finally, a well-organized cover letter should index and summarize the included documents, which can help streamline the review process for USCIS officers.

How to increase your success rate?

To ensure a smooth L-1 visa renewal process, follow these steps:

1. Keep proof of employment, such as payslips and tax returns, while in the US.
2. Stay informed about immigration laws and procedures by regularly checking the USCIS website.
3. Organize your documents, keep a well-structured application package, and correspond with USCIS for records.
4. Prepare for the interview by reviewing potential questions and preparing all required documents.
5. Monitor your case status through the USCIS case status tool if you opt for premium processing.
6. Seek professional guidance from an immigration lawyer – The best decision you can make is to connect with an immigration lawyer specializing in managing L-1 visa renewal applications and working closely with employers and employees.

Following these steps can increase your chances of a successful L-1 visa renewal and ensure a smooth and successful experience.

Get help!

If you have any questions or need more help, contact Gehi and Associates for personalized advice tailored to your circumstances. Gehi and Associates is a full-service immigration law firm specializing in all aspects of US visa and immigration, including the complex process of renewing an L-1 visa.

If you are uncertain about the eligibility criteria or documentation or want some peace of mind while you go through this important step in your immigration journey, we can help. The right advice can make the difference in making your L-1 visa renewal a success. Get in touch with us today!