The following documents must be submitted to the USCIS for L-1 visa extension:
- Evidence that the beneficiary has been lawfully employed by the petitioner since arriving in the U.S.
- For Specialized Knowledge Professionals, evidence of a U.S. degree or a foreign degree equivalent to a U.S.degree.
- A letter from the beneficiary’s foreign qualifying employer detailing the dates of employment, job duties and qualifications, and salary for the 3 years, prior to the beneficiary’s admission into the U.S.
- Support letter from the petitioner that includes:
- Description of the alien’s current job duties (executive, manager, or specialized knowledge worker).
- The alien’s salary and work schedule.
- Any changes in terms of conditions of employment or a statement that no such changes have occurred.
- A description of the current relationship between the U.S. and foreign employer or a statement that no such changes have occurred.
- A statement that the employer continue to be a qualifying organization and that it continues to do business in the U.S. and abroad.
- Description of the alien’s current job duties (executive, manager, or specialized knowledge worker).
- Filing Fee
- Recapturing the time spent outside the U.S.
L-1A visa is for a maximum of 7 years, and L-1B visa is for a maximum of 5 years. However, that refers to the time physically spent in the U.S. Any time that was spent outside the U.S. during those years (full number of days, with any one trip being at least 24 hours or more) for any reason, such as business or pleasure, can be requested to be recaptured while seeking an extension.
Submit- Summary and/or chart of travel and the number of days spent outside the U.S.
- Documentary evidence, such as photocopies of passport stamps, I-94 arrival/departure records, plane tickets, and boarding passes, that clearly demonstrates your physical presence outside the U.S.
If you don’t submit the evidence, but you simply request the recapture of the time, USCIS will not send any RFE asking for the evidence and will simply decline the request for recapturing the time. If you submit the evidence of partial duration spent outside the U.S., you may be able to recapture that partial duration and not the entire duration requested.
L2 visa holders are eligible to recapture any duration that the L-1 visa holder is able to. - Summary and/or chart of travel and the number of days spent outside the U.S.
- Form I-129S
- Copy of the previously endorsed Form I-129S
- A copy of Form I-797, Notice of Approval for L-1 Blanket Petition.
- Form I-539, Application to Extend/Change Nonimmigrant Status
Spouse and unmarried minor children under the age of 21 years can be included in one application, and only one fee needs to be paid as long as they are all in the same status or all in derivative status. - In case L2 visa extension is not filed along with L1 visa extension:
- Copy of pending I-129 petition with USCIS for L1 visa extension or receipt notice of pending application
- Copy of L1-visa holder’s Form I-94 or Form I-797 approval notice showing that the employee has already been granted status to the period requested on this application.
- Copy of pending I-129 petition with USCIS for L1 visa extension or receipt notice of pending application
- Evidence of relationship:
Copy of marriage certificate for spouse and copy of birth certificate(s) for child(ren). - Filing Fee
Extension Duration
Extensions are usually given 2 years at a time, up to the maximum duration allowed for each visa category: seven years for L-1A and five years for L-1B.
Change of Status to L
The process is the same as above, as long as the person is in legal nonimmigrant status (not out of status) at the time of application.
Pending Application
As long as the application is pending, the person would not go out of status until the decision has been made or 240 days have passed.
