What to Do, Prepare, and Expect
Understanding the extension process is crucial to maintaining your work status if you are an international employee working in the U.S. under an L1 visa.
This article will walk you through the L1 visa extension steps, documents to prepare, duration, and fees and provide some useful tips and tricks to navigate the L1 visa extension process smoothly.
L1 Visa Overview
The L1 visa is a non-immigrant visa category allowing employers of multinational companies to petition to temporarily transfer their employees from an overseas branch to a related entity in the U.S. This process will allow these employees or beneficiaries to live and work in the U.S. for the duration of their visa. To qualify, these employees would need to have been employed by the petitioner overseas for at least one year before their transfer to the U.S.
The L1 visa has two categories:
L1A is for intracompany employees in an executive or managerial position. Executive roles are high-level positions within the company. They have the power to implement policies and regulations and make vital decisions. On the other hand, managerial roles generally involve the supervision and control of the work of other employees. They have the authority to manage personnel matters, including recruitment and termination.
L1B is for intracompany employees with positions requiring specialized knowledge. This specialized knowledge refers to expertise deeply specific to the company’s offerings, processes, management, or techniques. This expertise goes beyond the general knowledge or skills commonly found in the industry, making it necessary to transfer these employees to the U.S. instead of hiring a U.S. worker. Employees with specialized knowledge have essential skills that are not easily transferable.
For a more in-depth guide, read our article on the L1 visa.
L1 Visa Extension
L1 visa extension are granted in two-year increments up to the maximum duration of your L1 visa category.
For L1A visa holders (managers and executives), the maximum period of stay is seven years. On the other hand, L1B visa holders (workers with specialized knowledge) have a maximum stay of five years. These durations of stay refer to actual time spent in the U.S. Any time spent outside for business or personal reasons can be recaptured for the L1 visa extension.
If you have family members with you, they will also be required to extend their visas to remain in the U.S. You can request an L1 visa extension on your dependents’ L-2 visas by filing Form I-539 along with your completed Form I-129.
Before you begin the L1 visa extension process, make sure you meet the eligibility criteria:
Continuation of employment – To be eligible for an L1 visa extension, you must continue to work for the same U.S. employer or its affiliate, subsidiary, or parent company that sponsored your initial L1 visa.
Valid visa status – Ensure your L1 status is still valid throughout your stay in the U.S. prior to filing for an L1 visa extension and not have engaged in any unauthorized employment.
Employment terms – Your employment terms, including job responsibilities and position, should remain consistent with those outlined in your initial L1 petition.
How to Apply for an L1 Extension
The process is similar to when you first applied for an L1 visa. Your employer or petitioner will file a separate petition for you through Form I-129 before your departure date expires, as indicated on your Form I-94.
Form I-129 costs $460 to file and must be supplemented by supporting documents. To stay updated on the latest fees, check this fee schedule by the USCIS. Premium processing adds $2,500. This is optional for applicants on a tight schedule.
After paying the fee and submitting Form I-129 and supporting documents, all that is left is to wait for the USCIS to decide. The USCIS will send a notice once a decision has been made.
If you need to travel while your extension is pending, consult your immigration attorney before making plans to avoid any hitch on your application.
L1 Visa Extension Documents to Prepare
As previously mentioned, Form I-129 needs to be filed with supporting documents. Here is a handy list of documents you must prepare and submit:
Form I-129. Complete with accurate information. Your employer files this.
Payment receipt.
A cover letter. This details the purpose of your petition, provides an overview of your job position and responsibilities, and lists the supporting documents in your petition.
A copy of your previous L1 approval notice
A copy of your L1 visa
A copy of your Form I-94
Proof of employment with the petitioning employer. E.g., employment contract, payslips, a letter from your employer confirming your continued employment and reason for the L1 extension, and W-2 form (IRS tax form).
Your employer’s documents. E.g., audited financial statements and recent tax returns.
Organizational chart. This shows your position within the company and the positions you supervise (if applicable).
Personal documents. These include your passport and passport-sized photographs. Include your family’s documents if they are also extending their stay in the U.S. as your dependents.
Tips for a Successful L1 Visa Extension
The L1 visa extension process can be challenging. To help you navigate the process and ensure you have a smooth experience, here are some helpful tips:
Consult an immigration attorney. An experienced immigration attorney can provide you with tailored advice throughout the extension process. They can help you navigate complexities with regulations, prepare a strong petition, and deal with complications specific to your case. They are also updated with the latest information per USCIS.
Start early. It is best to start the process well in advance of your initial L1 visa’s expiration to stay ahead of any challenges that may arise. This also ensures you avoid paying for premium processing in case of delay.
Gather strong evidence. Compile comprehensive and updated documentation that proves your continued employment and either specialized knowledge or managerial or executive position within the company. You can include organizational charts, performance reviews, and more.
Be consistent. Ensure your job responsibilities, job titles, and other employment terms and information are consistent with the facts you provided in your initial L1 application to avoid raising concerns or red flags during your extension process.
Stay informed. Regularly check the USCIS website for any changes to fees, forms, and procedures. Policies and requirements can change, which is one reason why hiring an immigration attorney is helpful. It is best to stay on top of the latest news.
Prepare for additional requests for evidence (RFE). If you receive an RFE, work closely with your immigration attorney to promptly provide the correct additional evidence.
L1 Visa Extension Processing Time
Since both L1A and L1B visa extensions utilizes the same Form I-129, there is no difference in the processing time for both visa categories.
The actual processing time for an L1 visa extension can vary depending on factors like the workload at the USCIS, the service center where your petition is being processed, the specific details of your case, and whether you choose to pay for premium processing. It often takes several months, from two to six months, depending on the workload and your particular case.
It is best to check the USCIS website for the most updated information or consult with your immigration attorney.
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How Early Can You Apply for an L-1 Visa Extension?
You may apply for an L-1 visa extension up to six months before your current authorized stay expires, as shown on your Form I-94. USCIS recommends filing your Form I-129 (Petition for a Nonimmigrant Worker) at least 45 days before the expiration date to ensure uninterrupted status and employment.
If your employer files the extension before your current I-94 expires, you may continue working for up to 240 days while the petition is pending, provided you remain in the U.S. and meet all eligibility requirements.
For faster processing, your employer can request premium processing, which generally results in a decision within 15 calendar days.
Benefits of Applying Early:
- Avoids status gaps: If there are delays in processing and your petition is filed late, you could risk falling out of status. Filing early helps maintain uninterrupted legal presence and work authorization.
- Provides a 240-day grace period: If your extension is filed before your I-94 expires, you can continue working for up to 240 days while the petition is pending.
- Gives time for a response: If USCIS issues a Request for Evidence (RFE), having filed early gives your employer time to respond without jeopardizing your ability to remain in the U.S.
- Reduces business disruption: For employers relying on key staff, early filing ensures smoother workforce continuity.
- Allows for fallback options: If there are complications (like a denial), you may have more time to prepare a new petition, change status, or plan a transition.
Additional context: L-1 status has a maximum time limit of 5 years for specialized knowledge workers (L-1B) and 7 years for executives/managers (L-1A). The USCIS counts any prior time in H or L status, even with a different employer, toward this limit. Extensions are granted in 2-year increments until that cap is reached.
If you are on a blanket L petition, make sure your employer keeps that petition current. If it expires, they must file individual petitions for transfers or renewals.
When Should You Apply to Extend Your L-1 Visa?
If you are currently in the U.S. on an L-1 visa and plan to stay longer, knowing when to apply for an extension is important. Timing your request correctly helps you maintain legal status and avoid unnecessary disruption to your work or stay.
Start with your I-94 expiration date
The key date to track is the expiration on your Form I-94, which indicates the duration of your authorized stay in the United States. This date, not the visa stamp in your passport, determines when your lawful stay in the country ends. Your extension request must be filed before the I-94 expires.
Apply at least 45 days before your I-94 expires
The United States Citizenship and Immigration Services (USCIS) recommends submitting your extension request at least 45 days before your current period of stay ends. This helps ensure you remain in valid status while your case is pending and reduces the chance of a gap in employment authorization. You are allowed to apply as early as six months in advance.
Why earlier is often better
Applying early gives your employer and legal team enough time to prepare strong documentation and respond to any possible USCIS requests for more evidence. Early filing also helps avoid last-minute complications that could jeopardize your legal status.
Timing should match your readiness
Although filing early is allowed, the quality of your application matters more than how far in advance it is submitted. For example, if your role or company structure is still evolving, filing too early with incomplete or tentative information can lead to delays or additional requests from the USCIS. It is best to apply when your supporting evidence is ready and reflects your current situation accurately.
What happens if you file too late
If your employer submits the extension request after your I-94 expires, you may fall out of lawful status and lose your work authorization. In most cases, this would require you to leave the country and restart the process from abroad.
However, if your extension is filed before your I-94 expires, you are generally allowed to continue working for the same employer for up to 240 days while the USCIS processes your case. This rule helps avoid interruptions while a timely petition is being reviewed.
What Are Common Application Mistakes to Avoid During the L-1 Visa Extension Process?
Extending an L-1 visa may seem routine, especially if you’ve already been approved once, but the United States Citizenship and Immigration Services (USCIS) reviews each petition carefully. Even small errors can result in delays, Requests for Evidence (RFEs), or denials. Below are some of the most common mistakes applicants and employers make during the L-1 extension process and how to avoid them.
1. Failing to File Before I-94 Expiration
The most critical mistake is missing the filing deadline. Your I-94 record, not your visa stamp, determines how long you are authorized to stay in the United States. If your employer fails to file your extension before this date, you may fall out of status, lose your work authorization, and be required to depart the U.S. The USCIS recommends filing at least 45 days before your I-94 expires and allows petitions to be filed up to six months in advance.
2. Submitting Incomplete or Outdated Documentation
A strong extension petition must include updated evidence of your continued employment in a qualifying capacity. Submitting old or vague job descriptions, organizational charts, or business plans can raise red flags. The USCIS looks for proof that your role still qualifies as managerial, executive (L-1A), or specialized knowledge (L-1B) and that the company continues to operate in both the U.S. and abroad.
3. Providing Inconsistent Information
Inconsistencies between what was previously submitted and what is provided in the extension can trigger a closer review. If your duties, job title, or reporting structure have changed, these changes must be clearly explained and supported with evidence. Avoid copying and pasting from your original petition without verifying that the information is still accurate.
4. Omitting Organizational Support Documents
The USCIS expects to see that the company still qualifies as a valid L-1 petitioner. Failing to submit updated financials, proof of business operations, or evidence of the foreign and U.S. entities’ qualifying relationship can result in an RFE or denial.
5. Filing the Wrong Form or Missing Required Fees
L-1 extension requests must be submitted using Form I-129, along with the L Classification Supplement and correct filing fees. Employers must also include the anti-fraud fee if applicable. Mistakes in forms or payments can delay the entire process or result in a rejected filing.
6. Misunderstanding the Job Role
Clearly articulate the managerial, executive, or specialized knowledge required by your position. Vague job descriptions can lead to doubts about your eligibility. The USCIS scrutinizes job descriptions to ensure they meet the criteria for L-1A or L-1B classifications.
7. Ignoring USCIS Requests
Promptly and thoroughly respond to any Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). Failing to address these communications can result in the denial of your extension. The USCIS provides specific instructions and deadlines for responding to such notices.
8. Not Reporting Company Changes
Any significant alterations in your company’s structure or operations must be reported. Failing to notify the USCIS of such changes can affect your visa status. The USCIS requires that any material changes in circumstances or eligibility requirements be disclosed.
9. Assuming Approval Prematurely
Do not presume your extension is approved until you receive written confirmation. Regularly check the status of your application to ensure there are no surprises. You can monitor progress on the USCIS Case Status Online tool, which provides real-time updates using your receipt number.
10. Submitting Outdated Forms or Incorrect Fees
Using outdated forms or incorrect filing fees can lead to application rejection. Always ensure you are using the most current version of Form I-129 and include the appropriate fees as specified by the USCIS.
11. Not Using Premium Processing When Time Is Critical
While optional, premium processing (Form I-907) can be a smart choice if time is tight. It guarantees a USCIS decision within 15 calendar days. Many employers miss this option, especially when extensions are filed close to the I-94 expiration date.
12. Relying on Blanket Approval Without Confirmation
If your original L-1 status was based on a blanket petition, the employer must ensure that the blanket petition is still valid and properly referenced in the extension filing. If the blanket has expired or was not renewed, a new individual petition must be submitted instead.
What Constitutes a Qualifying Relationship Between Companies for L-1 Visas?
A key requirement for the L-1 visa is that the U.S. and foreign entities have a qualifying relationship. This ensures that workers are transferred within the same corporate family. The United States Citizenship and Immigration Services (USCIS) recognizes several types of relationships, and understanding each one is crucial for preparing a successful petition.
Parent and Subsidiary
Definition: A parent company owns or controls the majority of another company (the subsidiary), either directly or indirectly.
Example: A software company in Germany owns 90 percent of a U.S.-based tech startup. The U.S. office is considered the subsidiary, and the German company is the parent. This qualifies as a valid L-1 relationship.
Branch Office
Definition: A branch is a different physical location of the same company, operating under the same legal entity.
Example: A Japanese manufacturer opens a sales office in California under the same legal name and tax ID. Even though the office is in the U.S., it is not a separate company. This is considered a branch.
Affiliate
Definition: Affiliates are companies that are owned and controlled by the same parent or the same group of people in roughly the same proportions.
Example: A group of three siblings each own 33 percent of a consulting firm in Canada and 33 percent of a similar firm in Texas. Even though the businesses serve different regions, the ownership and control are the same, making them affiliates.
Joint Ventures or Equal Ownership
Definition: A 50/50 joint venture can qualify if both parties share equal control and veto rights over decisions.
Example: A U.K. pharmaceutical company and a U.S. biotech firm each own 50 percent of a new R&D company, with equal control over management. If an employee is transferred to the joint venture from either parent company, the relationship may qualify.
Maintaining the Qualifying Relationship
The qualifying relationship must continue for the entire duration of the L-1 employee’s stay in the U.S. Any major changes in ownership or control should be reported to the USCIS, as they could affect the visa holder’s status.
What Happens if Your L-1 Visa Extension Is Denied?
If your L-1 visa extension is denied, your next steps depend largely on the expiration date of your I-94 Arrival/Departure Record. Even if you have previously held L-1 status without issues, a denial can affect both your legal stay and work authorization in the U.S. Below is what you need to know, based on the guidelines of the United States Citizenship and Immigration Services (USCIS).
If your I-94 is still valid
You may remain in the U.S. legally until the expiration date on your I-94, but your work authorization ends the moment the extension is denied. This means you must stop working, even if your I-94 shows additional time remaining. However, you can still use the remaining time on your I-94 to make arrangements, such as preparing to leave or applying for a different status if eligible.
If your I-94 has expired
If your I-94 expired before the denial was issued, you are immediately considered out of status. You are no longer authorized to remain in the U.S. and must leave as soon as possible to avoid accruing unlawful presence, which could impact your ability to return to the U.S. in the future.
A possible 60-day grace period
Certain L-1 workers may be eligible for a grace period of up to 60 days following a loss of status, or until the end of their I-94 validity—whichever comes first. This grace period may give time to seek another job, apply for a different visa classification, or prepare for departure. However, this grace period does not allow you to continue working and is not guaranteed.
Filing a motion or appeal does not extend stay or work authorization
If you believe the denial was incorrect, you may file a motion to reopen or reconsider (Form I-290B) or file an appeal with the Administrative Appeals Office (AAO). However, doing so does not grant permission to stay or work in the U.S. during the review. You must still maintain a valid immigration status while the motion or appeal is pending.
In summary
If your L-1 extension is denied:
- Your work authorization ends immediately.
- You may stay only until your I-94 expires (or must depart sooner if it has already expired).
- A 60-day grace period may apply in certain cases, but it does not include work authorization.
- Filing a motion or appeal does not allow you to remain or work unless you are in valid status.
If you are facing a denial, consult with a licensed immigration attorney to assess your options quickly and avoid adverse consequences to your immigration record.
What Is the Dual Intent Policy and How Does It Apply to L-1 Visa Holders?
In U.S. immigration law, most non-immigrant visa holders must prove they do not intend to immigrate permanently. However, the dual intent policy allows certain visa holders to enter the U.S. on a temporary visa while also intending to apply for permanent residency. The L-1 visa is one of the few non-immigrant categories that permits dual intent.
What Is Dual Intent?
Dual intent means that a person can legally seek permanent resident status (a green card) while staying in the U.S. on a non-immigrant visa. Normally, visa applicants must prove that they plan to return to their home country. With dual intent, this requirement is relaxed. The United States Citizenship and Immigration Services (USCIS) officially recognizes dual intent for the L-1 visa category.
How It Applies to L-1 Visa Holders
L-1 visa holders are intracompany transferees who come to the U.S. temporarily to work in a managerial, executive, or specialized knowledge role. Because dual intent is allowed, these individuals can pursue a green card without violating the terms of their L-1 status.
This means:
- They do not have to maintain a residence abroad.
- They can apply for permanent residence while in the U.S. on an L-1 visa.
- Applying for a green card does not automatically trigger denial of L-1 visa renewals or extensions.
This built-in flexibility makes the L-1 visa especially attractive for international companies and professionals planning long-term employment in the United States, as it supports a smooth transition from temporary to permanent residency without jeopardizing lawful status.
Can You Extend an L-1 Visa Beyond the Maximum Duration Limit?
No, you cannot extend an L-1 visa beyond its maximum duration limit. According to the United States Citizenship and Immigration Services (USCIS), the maximum allowable stay for L-1 visa holders is:
- L-1A (Managers and Executives): Seven years total
- L-1B (Specialized Knowledge Workers): Five years total
These limits include all time spent in the United States under L-1 status, regardless of employer. Once the maximum period is reached, the USCIS will not grant further extensions of stay in the L-1 category.
However, there are options to remain in or return to the U.S. after reaching the limit:
- Recapture Time Abroad: If you spent extended time outside the United States during your L-1 stay, that time may be subtracted from the total period counted toward your limit. You must submit evidence (such as travel records) to request recapture.
- Switching to a Different Visa Category: Before reaching the L-1 time limit, you may be eligible to change to another nonimmigrant status, such as the H-1B (for specialty occupations) or O-1 (for individuals with extraordinary ability). A change of status must be filed and approved before your L-1 status expires. Note that time spent in the L-1 category may count against the total time allowed in some other categories, particularly H-1B, depending on your situation.
- Pursuing Permanent Residency: If you have an approved immigrant petition and are eligible to adjust your status, you may apply for a green card while still in valid L-1 status. L-1 visas support dual intent, so seeking permanent residency does not conflict with maintaining L-1 status.
How Many Times Can an L-1 Visa Be Extended?
The L-1 visa is designed for employees transferring from a multinational company to a U.S. office. While there is no specific limit on how many times you can apply for an extension, there are clear maximum limits on how long a person can remain in L-1 status. The limits vary depending on whether the person is on an L-1A visa for managers and executives or an L-1B visa for workers with specialized knowledge and expertise.
L-1A: Managers and Executives
Initial stay:
- Up to one year if entering to open a new office
- Up to three years if the U.S. office is already established
- Extensions: May be granted in increments of up to two years
- Maximum duration: Cannot exceed seven years total in L-1A status across all employers
L-1B: Specialized Knowledge Workers
Initial stay:
- Up to one year for new offices
- Up to three years for established offices
- Extensions: Also allowed in two-year increments
- Maximum duration: Limited to a total of five years in L-1B status
Extensions are not automatic. Each extension must include updated documents proving that the employee continues to work in a qualifying role and that the U.S. operation remains active and affiliated with the foreign entity.
If the employee spent time outside the U.S. during their L-1 period, those full days may be added back if documented properly with travel records.
Once the time limit is reached, the individual must either depart the U.S., switch to another visa category, or pursue permanent residence if eligible (for example, through the EB-1C category).
Do You Need to Stay With Your Current Employer After Your L-1 Visa Is Extended?
Yes. The L-1 visa is employer-specific, meaning it is tied to the U.S. company that filed the petition on your behalf. Even after an extension is approved, your continued authorization to live and work in the United States depends on maintaining your employment with that same petitioning employer or a related entity within the same multinational organization.
L-1 status is not transferable to unrelated employers
The L-1 classification is reserved for intracompany transferees. If you leave the employer that secured your L-1 visa, your status does not automatically carry over to another company. A different employer cannot hire you under your current L-1 visa. They would need to file a new petition and demonstrate a qualifying relationship between their U.S. and foreign offices, subject to the same L-1 eligibility requirements.
What happens if your employment ends
If you stop working for your L-1 sponsor, your L-1 status will also end. The United States Citizenship and Immigration Services (USCIS) may allow a discretionary grace period of up to 60 days following the end of employment. During this period, you may take one of the following steps:
- Seek a change to another non-immigrant status
- Have a qualifying employer file a new L-1 petition
- Depart the United States before the grace period expires
Note that you may not begin working for a new employer until the USCIS approves the new petition. Unauthorized employment would place you out of status.
What Resources are Available for Understanding USCIS Premium Processing for L-1 Visas?
Premium processing is an optional service offered by the United States Citizenship and Immigration Services (USCIS) that allows petitioners to pay an additional fee for expedited processing of certain employment-based petitions, including those for the L-1 visa. Below is a guide to official resources that explain how premium processing works in the context of L-1 filings.
If you want a general overview of premium processing for L-1 petitions, go to the USCIS premium processing overview: https://www.uscis.gov/forms/all-forms/premium-processing
This page explains which petitions are eligible, how the 15-day processing window works, and what actions USCIS may take during that period, including approval, denial, Request for Evidence (RFE), or Notice of Intent to Deny (NOID). For L-1 visa extensions or changes of status, the primary petition is Form I-129, which qualifies for premium processing.
If you are filing an L-1 extension or change of status and need the form, access Form I-907: Request for Premium Processing: https://www.uscis.gov/i-907
L-1 petitions filed with Form I-129 can be expedited by submitting Form I-907. This page contains the official form, detailed instructions, filing tips, and the most current version for download. The I-907 must be submitted along with (or linked to) the primary I-129 petition.
If you need the correct fee and where to send it, check the premium processing fee and filing address:
Filing Fees: https://www.uscis.gov/forms/filing-fees
Direct Filing Addresses: https://www.uscis.gov/i-129-addresses
As of 2024, the premium processing fee for L-1 petitions (Form I-129) is $2,805. Filing addresses vary depending on whether you’re using regular or premium processing and the employer’s location, so always verify the correct USCIS service center for your situation using the links above.
If you want to check how long USCIS is taking to process L-1 petitions, use the USCIS processing times tool: https://egov.uscis.gov/processing-times/
Even with premium processing, understanding baseline timelines is helpful. For L-1 petitions, this tool can help you track average processing times at your assigned USCIS service center and see whether delays are common in your category.
If you need legal guidance on whether premium processing is right for your case, speak with a licensed immigration attorney.
Although the USCIS provides all the official forms and instructions, it cannot offer case-specific advice. If your L-1 petition involves complex business structures, timing issues, or urgency tied to travel or business operations, a legal expert can help determine if premium processing is advisable.