The U.S. Department of State (DOS) has published a final rule on L-1 visa validity which may positively impact future L-1 employees.
Pursuant to USCIS regulations, the maximum validity period of an L-1 petition is three years. Historically, visa validity periods matched the petition validity period. Thus, in most circumstances, the L-1 visa validity periods were three years. (The exception to the visa validity periods relate to reciprocity schedules. Some countries - Brazil, China - have shorter visa validity periods. The L-1 petition can be valid for three years but the visa validity period cannot exceed 2 years.)
As of February 14, 2012, DOS amended the rules relating to L visas and now permits the L visa to be issued for up to five years depending on the reciprocity schedule. This change is intended to benefit foreign nationals from some countries as they may not need to undergo the visa renewal process at a U.S. Consulate.
It is important to note that this does not change the amount of time than an individual may stay in the U.S. in L-1 status. The L petition may only be granted for a maximum period of three years at a time.
The visa validity period may make international travel more convenient. However, employers and L-1 employees will need to carefully watch visa validity and authorized stay issues. A valid visa does not authorize a person to remain in the United States for the remainder of the visa.
The Law Offices of Richard A. Gump, Jr. specializes in business related immigration such as L-1 intracompany transfer visas. Contact us today to find out more.
