Is there a difference in extending L-1A and L-1B?

The extension process for the L-1A and L-1B visas is the same, but the timings differ. The L-1A visa can generally be extended in increments of 2 years, for up to 7 years in total. For L-1B worker, this limit is up to 5 years.

Does the employer need to do anything for the extension application?

Yes, the employer will need to complete a Form I-129 ‘Petition for Nonimmigrant Worker’, before the date your Form I-94 expires.

Is there a difference between individual L visa and Blanket L visa extensions?

Yes. You’ll need to ensure you complete the correct Form I-129 that corresponds to whether you are submitting and individual L visa or applying under a Blanket L approval.

When can you renew your L visa?

You’re allowed to apply to extend up to 6 months in advance of your visa expiry date.

How long can you renew the L visa for?

Each extension grants an additional 2 years in the US. This means to stay in the US on a valid L visa, you will need to apply to renew every 2 years.

You may in time look at a more permanent status, as the Green Card may be an option if you are eligible and meet the requirements.

What supporting documents are needed for the L-1 renewal?

Extending your visa requires specific documentation to be compiled and submitted to a USCIS to prove you continue to be eligible under the visa citeria. These include, among others:

• Form I-129 – as completed by your US employer
• Prior L-1 visa
• Form I-94
• Form W-2 from current employer employer
• A comprehensive letter of support signed by your employer (‘petitioner’) outlining the conditions of your employment and reasons for your continued stay in the US
• Evidence of employment in the US (pay slips etc)
• If relevant, documentation relating to significant time spent outside the US while under the L-1 visa

We can advise on the documents to be compiled and submitted based on your specific circumstances.

Can L-1 dependents extend their L-2 visas?

If you have dependents with you in the US on L-2 visas, it’s likely their visas will expire at the same date as your primary L-1 visa.

As such, they too will be required to apply to extend their status in advance of visa expiry date.

They will be required to complete Form I-539 (for spouses and unmarried children under the age of 21) which must be submitted along with the L1 applicant’s Form I-129.

Can you change from L-1B to L-1A?

In certain cases, you can file for Change of Status from L-1B to L-1A visa status.

Your petition must be approved at least 6 months before you reach the 5-year point in in L-1 status.

An L-1 visa holder may be able to change status to H-1B status, however, this is extremely challenging in light of the limitation on the number of H-1B petitions approved each year. It is also important to note that any time spent in L-1 status counts against the time you would be authorized to work in H-1B status. Therefore, an L-1 visa holder would never be eligible for H-1B status for a full six-year duration as any time spent working in L-1 status would curtail the maximum duration in H-1B status.

What is an indefinite L-1 extension?

You may be permitted extensions of L-1 status beyond the 7 or 5 year limits if you work in the US on a seasonal or intermittent basis, or if the employee spends less than 6 months in the US per year.

‘Recapturing’ time spent outside the US requires clear records and documentation in the form of airline records, wage records and company verification.

Does the L visa lead to a US Green Card?

If you have an L-1 visa as either a manager or an executive, you may become eligible to apply for a Green Card through employment.

Where you qualify for L-1 status as a manager or executive, you are classed as a ‘priority worker’, and as such exempt from the standard Labor Certification requirements in which a company is must first test the labor market in an attempt to hire a US worker.

What happens if I don’t renew the L-1 visa?

If you choose not to renew your visa, you will be required to leave the US in advance of your visa expiry date. You would then be required to wait 12 months before you could qualify again to apply for an L-1 visa.