If you are an L1B visa holder currently living and working in the United States and looking to extend your stay, you will not only need to know how to apply for an extension, but it is only natural that you would also want to know the L1B extension processing times.

The following guide looks at both the application process, as well as the time it will take to have your L1B visa extension approved.

 

L1B Visa Extensions

 

An L1B visa extension allows individuals in specialized knowledge roles to continue working in the United States for their employer beyond the initial validity period of their visa. The L1B visa is issued for intracompany transferees who bring specialized knowledge about a company’s products, services, or processes. Extensions are typically sought as the initial visa is valid for a maximum of three years, with possible extensions up to a total of five years.

Key risks associated with the L1B extension include processing delays, which can affect the employee’s work authorization if their application is not filed on time. Employers must submit the extension petition before the current visa expires to allow the employee to maintain lawful status. Another risk involves denial due to insufficient evidence supporting the specialized knowledge requirement. Applicants must provide documentation proving their role, expertise, and connection to the company’s operations.

Considerations for the extension process include ensuring all forms, fees, and supporting documents are submitted accurately and on time. Premium processing may be an option for faster adjudication, but it comes with additional costs. Employers and employees should monitor USCIS processing times and prepare early to avoid disruptions to work and lawful status.

 

L1B Visa Duration

 

An L1 visa permits overseas employees of international companies to transfer to a parent, branch, subsidiary or affiliate of the same company in the United States.

The L1B visa sub-classification is specifically for employees who possess specialized knowledge about a company’s products, services or procedures such that they are integral to the success of that company.

L1B visa holders are commonly known as “specialized knowledge” employees.

As a specialized knowledge intra-company transferee, you will initially be granted an L1B visa for a period of three years.

Thereafter, and subject to continuing to meet the relevant criteria, you will be eligible to apply for a visa extension in increments of up to two years. However, this is subject to a maximum period of five years.

That said, under an L1B visa, any time spent outside the U.S. during this five-year period for either business or pleasure can potentially be recaptured. In other words, any holidays abroad or days otherwise spent overseas need not count towards your maximum limit, so long as you can provide evidence of your physical presence outside the country.

To recapture this time spent overseas you will need to submit a summary of your travel itinerary, supported by documentary evidence such as boarding passes, plane tickets, passport stamps and other records of your departure from, and arrival back into, the United States.

 

Who is eligible to apply for an L1B visa extension?

 

You will be eligible to apply for an L1B visa extension if you are continuing to work in a specialized knowledge role with your U.S. petitioning employer.

However, your petitioning employer will need to show that there continues to be a qualifying relationship between the overseas company and the U.S. parent, branch, affiliate or subsidiary of that company.

This means that there needs to be a high degree of common ownership and control between the two entities.

 

Can I apply for an L1A visa extension instead?

 

By way of alternative, if you have transferred into an executive or managerial role during your time in the U.S, you may be able to adjust your status such that you are eligible for an L1A visa instead.

The L1A visa classification is for employees who have a certain level of authority within the company or organisation, and are responsible for either running the business, or part thereof, and/or managing employees.

In this way you may be able to take advantage of the longer maximum permissible period under L1A classification of seven years, although any change of status would need to be approved at least 6 months before you reach the maximum five-year period under an L1B visa.

 

How to apply for an L1B visa extension

 

The process for obtaining an L1B visa extension is similar to the process of petitioning for your initial L1 status. It requires your U.S. employer to file a fresh petition using Form I-129 with the United States Citizenship and Immigration Services (USCIS).

This must be submitted prior to the expiry of your existing L1B permission. The date can be found on Form I-94, an electronic record of when you are required to depart the United States under your initial visa.

To avoid overstaying, your petition must be received by the USCIS prior to your departure date. You will then be able to continue working with your U.S. employer pending approval of your L1B visa extension.

 

How long is the L1B visa extension processing times?

 

Once your L1B petition has been filed, the processing time is usually between 30 to 90 days, although in some cases in can take as long as 6-8 months depending on the backlog of the particular service centre used.

Your US employer can opt to pay an additional fee to expedite the processing time to within 15 calendar days of receipt. However, this comes at an additional cost of $2,805 and does not guarantee your application will be successful.

Please note that if the USCIS fails to process your petition within the prescribed 15 days, the premium processing fee should be refunded.

 

Challenges when applying for an L1B visa extension

 

As an L1B visa extension requires your employer to file a fresh petition, this will also require additional and detailed documentation in support.

In the event that your petitioning employer fails to file the correct or complete documentation, this may delay your application, or worse still, result in your application being completely denied.

Needless to say, without an approved L1B visa extension you will be required to leave the United States and, by default, your U.S. job. To be able to reapply for an L1B visa you would need to work abroad for a minimum period of one year.

Further, to reapply for an L1B visa, you would need to satisfy the same criteria as you did on your initial application, namely that you have been employed as a specialised knowledge employee by the parent, branch, affiliate or subsidiary of the U.S. company for one year out of the three years immediately preceding your (re-) admission to the United States.

 

L1B to Green Card

 

If you are looking to settle in the US on a permanent basis, the L1B visa provides the overseas employee with the option to apply for an employment-based immigrant visa. This is known as a dual intent visa.

A dual intent visa does not require you to show that you will return to your home country upon expiry of your permission to stay.

Instead you will be allowed to lawfully enter the United States on a time-limited nonimmigrant basis, albeit with immigrant intent, thereby enabling you to petition for a change of status while present in the U.S.

However, the process for adjusting your status from L1B classification can be complicated and protracted, not least because your petitioning employer will be required to obtain what’s known as approved labor certification prior to submitting an immigration petition on your behalf.

This is to satisfy the U.S. Department of Labor that there are insufficient available, qualified and willing U.S. workers to fill the position being offered at the prevailing wage, and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

 

Need assistance?

 

Seeking an L1B visa extension is not necessarily straightforward. Even though you have already obtained approved L1 classification, you will still need to satisfy the relevant criteria on a continuing basis.

The requirement for a fresh petition means additional and detailed documentation in support. In many instances, the documentation here will differ to the documentation filed in the first instance.

It is therefore always best to seek expert legal advice to ensure that your application for an L1B visa extension is correctly submitted and in a timely fashion. Your legal adviser can also provide you with a much clearer idea of L1B extension processing times based on your particular case.

The visa period under there L route will depend the classification you are eligible under. It is advisable to take advice on your immigration options and explore other routes which may better suit your requirements and eligibility.

NNU Immigration specializes in advising employers and employees on their US business immigration options. Our US immigration attorneys have particular expertise in the L1 visa, including petitions for Blanket L petitions and L1 visa extensions.

Contact us for advice with your L visa extension.

 

L1B Visa Extension FAQs

 

How long is the L1B visa initially valid?

The L1B visa is initially valid for up to three years, with possible extensions up to a total of five years.

 

When should I apply for an L1B extension?

You should apply for an extension before your current visa expires to ensure you maintain lawful status in the US.

 

How long does it take to process an L1B extension?

Processing times vary but typically range from a few weeks to several months. Premium processing can expedite the decision within 15 calendar days.

 

Can I continue working while my L1B extension is pending?

If your extension application is filed before your current visa expires, you may continue working for up to 240 days while the decision is pending.

 

What happens if my L1B extension is denied?

If your extension is denied, you must stop working and leave the US unless you have an alternative visa or valid status.

 

Can I apply for premium processing for an L1B extension?

Yes, premium processing is available for an additional fee and guarantees a decision within 15 calendar days.

 

What documents are required for an L1B extension?

Required documents include Form I-129, proof of employment, specialized knowledge evidence, and payment of applicable fees.

 

Does an L1B extension require a new visa stamp?

If you leave the US after an extension approval, you will need to obtain a new visa stamp to re-enter.

 

Glossary

 

Term	Definition
L1B Visa	A visa for intracompany transferees with specialized knowledge about a company’s products, services, or processes.
Extension	The process of renewing an L1B visa to allow continued work in the US beyond the initial validity period.
Specialized Knowledge	Expertise about a company’s operations, services, or products that is unique and valuable to its success.
Form I-129	The petition form used by employers to apply for an L1B visa extension with US Citizenship and Immigration Services (USCIS).
USCIS	United States Citizenship and Immigration Services, the government agency responsible for handling visa extensions and other immigration processes.
Premium Processing	An optional service for faster USCIS adjudication, providing a decision within 15 calendar days for an additional fee.
240-Day Rule	A provision allowing L1B visa holders to continue working for up to 240 days while their extension application is pending, if filed on time.
Visa Stamp	A physical endorsement in the passport that allows entry into the US after a visa extension is approved.
Processing Time	The time taken by USCIS to review and decide on an L1B extension application.
Denial	A decision by USCIS to reject the extension application, requiring the visa holder to stop working and leave the US.