International Company Transferees: Extending L-1 and L-2 Status

To extend L-1 and L-2 status, the L-1 and L-2 beneficiary must be physically present in the United States and in legal status. The steps involved are similar to the steps required for initial non-blanket L-1 petitions.

Upon the filing of an L-1 extension, employment is automatically extended with the same L-1 employer for up to 240 days while waiting for the U.S. Citizenship and Immigration Services’ (USCIS) decision on the extension.

Procedure for Extending L-1 and L-2 Status

The L-1 employer files a Form I-129, L Supplement, proof of previous L-1 status, supporting evidence and the appropriate filing fees. It is important to indicate on the Form I-129 that an extension of L-1 status is being requested.

Extension applications for L-2 spouses and unmarried children under the age of 21-years old are filed on Form I-539. The L-2 extension should be filed at the same time as the L-1 extension, but no later than the L-2’s Form I-94 expiration date or the L-1 principal’s Form I-94 expiration date, whichever is earlier.

The L-1 extension is filed with the USCIS service center having jurisdiction over the location where the L-1 employee works. An L-1 extension may be filed up to six months before the Form I-94 expiration date.

One to two weeks after filing the L-1 extension, the USCIS issues a Form I-797, Notice of Action Receipt Notice as proof of receiving the L-1 extension. The notice contains the L-1 extension case number and information from the Form I-129 to identify the specific L-1 extension.

The time the USCIS takes to process an L-1 extension varies between the service centers. Generally, processing takes several months. The time it takes to process the L-1 extension can be reduced to fifteen calendar days by requesting Premium Processing of the petition.

It is possible to view the latest processing times at each service center to track the progress of an L-1 extension. Further, it is possible to track the status of a specific case by visiting the USCIS Case Status Online web page.

Upon approval of the L-1 extension, the USCIS issues a Form I-797 Notice of Action Approval Notice. The bottom portion of the Approval Notice contains a new Form I-94 card showing the L-1 or L-2 status has been extended and the validity period of the L-1 or L-2 status. Extensions are granted in two year increments.

The issuance of a Form I-797 Approval Notice authorizes the extension of L-1 or L-2 status and authorizes the L-1 employment to continue. However, it does not enable a person to depart and freely re-enter the United States. If the L-1 employee or L-2 family members wish to travel and their L-1 or L-2 visas have expired, they must apply for an L-1 or L-2 visa at an overseas U.S. embassy or consulate.

Other General Rules

What Happens if I Travel After Filing an L-1 or L-2 Extension?

As a general rule, if a person files an L-1 or L-2 extension and departs the United States, the L-1 or L-2 visa holder may re-enter the United States as long the current L-1 or L-2 visa in the person’s passport remains valid. If the visa is no longer valid, the person must wait for approval of the L-1 or L-2 extension and apply for a new L-1 or L-2 visa at an overseas U.S. embassy or consulate. There is a very narrow and complex exception to this rule.