Duration Of Stay On The L-1

a) L-1A Visa

1. Three year maximum initial period of stay.
2. Extensions limited to two year increments.
3. Total period of stay is seven years.

b) L-1B Visa

1. Three year maximum initial period of stay.
2. Extensions limited to two year increments.
3. Total period of stay is five years.

c) New Office Exception for Both Visas

1. One year maximum initial period of stay.
2. Proof of doing business in the U.S. and abroad during the year must be provided with the extension.
3. Extensions limited to two year increments.
4. Total period of stay is five and seven years respectively.

d) Periods of Absence from the U.S.

1. L-1 visa holders are entitled to their full five or seven years of stay and time spent outside the U.S. does not count toward the maximum.
2. An extension may be filed for the exact amount of time spent outside of the U.S.

e) Intermittent U.S. Stays

1. Total period of L-1 stay is indefinite if an employer can prove stays are intermittent.
2. If wife or child live in the U.S. continuously, the L-1 is not eligible for the intermittent employee exception.

f) When L-1B Employees Begin Performing L-1A Duties

1. When the employee begins performing managerial or executive duties, an amended L-1 petition must be filed.
2. An L-1B must have been performing managerial or executive duties for at least six months to be able to stay beyond the 5 year maximum (as proved through an amended L-1 petition).

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