The L-1 visa is a nonimmigrant visa category that allows multinational companies to transfer certain employees from their foreign offices to the United States. There are two primary types of L-1 visas:
-
L-1A: For executives and managers.
-
L-1B: For employees with specialized knowledge.
Understanding the duration of stay permitted under each category is crucial for compliance and planning.
Initial Period of Stay
-
L-1A Visa: Employees entering the U.S. to establish a new office are granted an initial stay of up to 1 year. For all other L-1A employees, the initial stay is up to 3 years.
-
L-1B Visa: Similar to L-1A, employees establishing a new office receive an initial stay of up to 1 year, while others are granted up to 3 years.
Extensions and Maximum Duration
-
L-1A Visa: Extensions can be granted in increments of up to 2 years, with a maximum total stay of 7 years.
-
L-1B Visa: Extensions are also in increments of up to 2 years, but the maximum total stay is 5 years.
Recapturing Time Spent Outside the U.S.
Time spent outside the United States during the L-1 visa validity period may be recaptured. This means that if an L-1 visa holder travels abroad for business or personal reasons, the time spent outside the U.S. can be added back to the maximum allowable stay, provided there is proper documentation such as travel records and boarding passes.
Post-Maximum Stay Options
Once the maximum duration is reached:
-
The individual must leave the U.S. for at least 1 year before becoming eligible for a new L-1 visa.
-
Alternatively, the individual may explore other visa options, such as transitioning to an H-1B visa, if eligible.
L-2 Dependents
Spouses and unmarried children under 21 years of age of L-1 visa holders may accompany them to the U.S. under the L-2 visa category. L-2 spouses are eligible to work in the U.S., and their stay is typically tied to the principal L-1 visa holder’s duration.
Conclusion
Understanding the duration and extension possibilities of the L-1 visa is essential for compliance and strategic planning. It’s advisable to consult with an immigration attorney to navigate the complexities of visa durations, extensions, and transitions to other visa categories or permanent residency.
