The L-1 visa allows U.S. companies to transfer employees from abroad to work in the U.S. in managerial, executive or specialized knowledge roles. The employee must have worked for a company abroad that has a qualifying corporate relationship with the U.S company for at least one year prior to the transfer. Additionally, the role abroad must have been a managerial, executive or specialized knowledge role. The L-1A can be granted for up to 7 years total and the L-1B can be granted for up to 5 years total.
Timing considerations for the L1-A and L-1B are discussed in more detail below, along with strategies to make the most of your L-1 time and options for transferring to other temporary or permanent options when L-1 time runs out.
- L-1A allows managers and executives up to 7 years in the U.S., while L-1B specialized knowledge employees are limited to 5 years.
- You can extend or regain L-1 time through recapture of days spent abroad or by using L-1 commuter status for part-time or intermittent U.S. work.
- When L-1 time ends, you must depart, change to another temporary visa, or pursue a green card option such as EB-1C or PERM.
Comparing L-1 Visa Categories: L-1A and L-1B Timelines
L-1A Visa: Managers and Executives
- Total time granted: The L-1A can be granted for up to 7 years total.
- Initial Approval Times: The initial L-1A approval will be granted for either 1 year (for an L-1A new office petition) or 3 years (for a regular L-1A petition).
- Timeline for Extensions: The L1A can be extended in increments of two years, up to 7 years total.
- Options when you reach 7 years (Depart / Switch to a new temporary visa or a green card): After spending 7 years in L-1A status, the foreign national must either leave the U.S. or switch to a new visa or a green card. If the foreign national leaves the U.S. and resides abroad for at least one year, they may then return to the U.S. in L-1 status, assuming all other L-1 requirements are met.
L-1B Visa: Specialized Knowledge Employees
- Total time granted: The L-1B can be granted for up to 5 years total.
- Initial Approval Times: Similar to the L-1A, the initial L-1B petition can be granted for 1 year for a new office L-1B petition or 3 years for a regular L-1B petition.
- Timeline for Extensions: The L1B visa is extended in increments of 2 years, but it can only be extended up to 5 years total.
- Options when you reach 5 years (Depart / Switch to a new temporary visa or a green card / Promotion to L-1A): Once the L-1B employee has used up the full 5 years they would need to make plans to depart the U.S. or switch to another visa or a green card. If they choose to depart and live abroad for one year, they can then return to the U.S. in L-1 status, assuming all other L-1 requirements are met.One other option for an L-1B employee is to gain an additional two years by switching to L-1A status. In order to switch to L-1A status, the specialized knowledge employee must be promoted to a managerial or executive role and must be in that position for at least 6 months. This means the employer needs to plan ahead and file a new or amended petition with U.S. Citizenship & Immigration Services at least 6 months prior to the L-1B employee running out of time.
Strategies to Lengthen the Time You Can Remain on an L-1
Recapture petitions
Any 24-hour periods spent outside the U.S. can be “recaptured” to extend the foreign national’s time on L-1 status. For example, if the foreign national spent 2 months outside the U.S. each year, this time can be recaptured to extend beyond the 5 or 7 year mark. The foreign national must provide records of the travel, such as their I-94 travel history, flight records, passport stamps, etc.
L-1 Commuter Status for Part-time / Seasonal / Intermittent Employment
The 5 and 7 year limits do not apply to L-1 visa holders who do not reside in the U.S. full-time and visit only seasonally or intermittently or spend less than 6 months per year in the U.S. to fulfill their duties. They also do not apply to L-1 visa holders who live outside the U.S. and commute to the U.S. for part-time employment. The foreign national must provide clear and convincing evidence, including the I-94 travel history, tax returns and employment records showing employment outside the U.S.
Visa & Green Card Options Once L-1 Time Runs Out
If you are coming to the end of your time in L-1 status and you want to remain in the U.S., it is important to plan ahead to see if there are any other temporary or permanent visa options available for you. The list below goes over some of the most common options for foreign nationals who are running out of L-1 time. Notably the H-1B is not an option if you have run out of L-1 time.
Temporary Visa Options
E-2 Investor or Employee Visa – A great option for treaty country nationals who want to start their own business or work for a business owned by treaty country nationals that is eligible for E2 status.
O-1 Extraordinary Ability – Foreign nationals who have achieved significant success and risen to the top of their fields may qualify for this visa, which requires that the applicant show they meet at least 3 out of 10 criteria to prove their extraordinary ability.
E-3 Specialty Occupation – Australian citizens with U.S. degrees or equivalent who are working in a role that requires at least a U.S. bachelor’s degree or equivalent in a specialty occupation can apply for the E-3 visa.
TN USMCA Professionals – Mexican and Canadian citizens who are working in a profession included on the USMCA list and have the requisite qualifying credentials may apply for the TN visa.
Green Card options
EB-1C – The Multinational managers or executives green card option works well for L-1A employees who previously held a managerial or executive role abroad before being transferred to the U.S. While the EB-1C and L-1A requirements are very similar, the EB1C is viewed with more scrutiny and is harder to obtain than an L-1A.
PERM (EB2 / EB3) – The PERM is a company sponsorship option that can work well for L-1A or L-1B employees who cannot qualify for the EB-1C. For the PERM process, the U.S. company must test the labor market to determine if there are any willing qualified and available U.S. workers for the job. This is a great green card option for L-1 employees but it does take a long time due to extended Department of Labor processing times and green card backlogs in the EB-2 / EB-3 categories, so it is good to start on this option well in advance of running out of L-1 time.
EB2 National Interest Waiver – If the L-1 employee has an advanced U.S. degree or equivalent and is working on an endeavor that has substantial merit & national importance to the U.S., the National Interest Waiver may be a good option. Notably, the foreign national must have an impressive background that shows they have the ability to advance the endeavor they are working on (or plan to work on), and there must be an explanation for why the government should waive the normal PERM / Labor Certification process.
EB1A Extraordinary Ability – This option is similar to the O-1, as it applies to foreign nationals who have extraordinary ability in their field and can demonstrate sustained national or international acclaim. As with the L-1A and EB-1C, the EB-1A is harder to obtain than the O-1 visa.
At Scott Legal we regularly processes L-1 visas and we would welcome the opportunity to explore strategies to make the most of your time on your L-1 visa.
