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Policy Manual
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INA
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Book outline for Policy Manual
  • Policy Manual
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    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
      • Part A - Nonimmigrant Policies and Procedures
      • Part B - Diplomatic and International Organization Personnel (A, G)
      • Part C - Visitors for Business or Tourism (B)
      • Part D - Exchange Visitors (J)
      • Part E - Cultural Visitors (Q)
      • Part F - Students (F, M)
      • Part G - Treaty Traders and Treaty Investors (E-1, E-2)
      • Part H - Specialty Occupation Workers (H-1B, E-3)
      • Part I - Temporary Agricultural and Nonagricultural Workers (H-2)
      • Part J - Trainees (H-3)
      • Part K - Media Representatives (I)
      • Part L - Intracompany Transferees (L)
        • Chapter 1 - Purpose and Background
        • Chapter 2 - General Eligibility
        • Chapter 3 - Managers and Executives (L-1A)
        • Chapter 4 - Specialized Knowledge Beneficiaries (L-1B)
        • Chapter 5 - Ownership and Control
        • Chapter 6 - Key Concepts
        • Chapter 7 - Filing
        • Chapter 8 - Documentation and Evidence
        • Chapter 9 - Adjudication
        • Chapter 10 - Period of Stay
      • Part M - Nonimmigrants of Extraordinary Ability or Achievement (O)
      • Part N - Athletes and Entertainers (P)
      • Part O - Religious Workers (R)
      • Part P - NAFTA Professionals (TN)
      • Part Q - Nonimmigrants Intending to Adjust Status (K, V)
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
Breadcrumb
  1. Home
  2. Policy Manual
  3. Volume 2 - Nonimmigrants
  4. Part L - Intracompany Transferees (L)
  5. Chapter 10 - Period of Stay

Chapter 10 - Period of Stay

Content navigation tabs
  • Guidance
  • Resources (9)
  • Appendices (0)
  • Updates (6)
  • History (1)

A. Limitations on Periods of Stay

A beneficiary who has spent the maximum period of 5 years in the United States in a specialized knowledge capacity or 7 years in the United States in a managerial or executive capacity, or as a temporary worker (H nonimmigrant) or intracompany transferee (L nonimmigrant),[1] may not be readmitted to the United States as a temporary worker or intracompany transferee, and USCIS may not approve a new individual petition for such classification, unless and until the beneficiary has resided and been physically present outside the United States for the immediate prior year.[2] Brief trips to the United States for business or pleasure do not interrupt the required 1 year outside the United States, but do not count towards fulfillment of that requirement.[3]

The limitations on periods of stay do not apply to beneficiaries:

  • Who do not reside continually in the United States; and

  • Whose employment in the United States is seasonal, intermittent, or consists of an aggregate of 6 months or less per year.[4]

In addition, the limitations do not apply to beneficiaries who reside abroad and regularly commute to the United States to engage in part-time employment. The burden is on the petitioner and the beneficiary to establish that the beneficiary qualifies for an exception.[5]

Maximum Periods of Stay

If Classification is ...

The Maximum Period of Stay is ...

Manager or executive (L-1A nonimmigrant)

7 years

Specialized knowledge (L-1B nonimmigrant)

5 years

L-1 blanket petition

3 years for initial petition, with an extension for an indefinite period possible

B. Extensions of Stay

Extensions can be granted in up to 2-year increments until the maximum period of stay is reached.[6] Officers should combine periods of stay in the H and L categories in determining whether the beneficiary has reached the 5- or 7-year limitation, including periods of H or L stay for previous employers and not just the current employer.[7]

An initial blanket petition is approvable for 3 years.[8] Approving an amended blanket petition during this validity period does not affect a beneficiary’s period of stay; the validity period end date of the amended petition remains the same as the end date of the original approval. Requests to extend a blanket petition on a Petition for a Nonimmigrant Worker (Form I-129) may be filed up to 6 months before the expiration of the initial 3-year validity period, and the petitioner may request that such validity be extended indefinitely.[9] If USCIS approves the blanket petition extension, the validity period begins the day after the expiration of the initial approval and continues indefinitely. If USCIS denies the extension request, the petitioner and its qualifying organizations must wait 3 years to file another blanket petition. In the interim, organizations must file individual petitions for beneficiaries.[10]

The expiration of the blanket petition does not adversely affect an L-1 beneficiary’s status if the U.S. entity continues to have at least one foreign qualifying organization. If the petitioner fails to timely file a blanket petition extension, it may not transfer new employees or file a request to extend a beneficiary’s expiring L-1 status under the expired blanket petition. In that case the petitioner must file an individual petition. If the blanket extension is later approved, then the organization may resume transferring individuals under the blanket petition.[11]

If a petitioner is requesting an extension of the L-1 blanket petition, the petitioner must provide the following evidence:[12]

  • A list of the beneficiaries admitted under the blanket petition during the preceding 3 years, with the following information for each beneficiary:

    • Positions held during that period;

    • The employing entity; and

    • The dates of initial admission and final departure, if applicable, of each beneficiary;

  • A statement from the petitioner indicating whether it still meets the blanket petition criteria; and

  • Documentation to support any changes in approved relationships and additional qualifying organizations.

C. Change from Specialized Knowledge Capacity to Manager or Executive (or vice versa)

When a beneficiary is initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, the beneficiary must have been employed in the managerial or executive position for at least 6 months to be eligible for the total period of stay of 7 years.[13]

If the 6-month rule is met, and the beneficiary qualifies as a manager or executive, then USCIS may approve the extension of stay request. However, if the beneficiary travels outside the United States and seeks readmission, the beneficiary must consular process and obtain the appropriate visa to be readmitted to the United States.

Extensions for managers or executives where the prior approval was limited to a short period could be an indicator that the beneficiary was not eligible to extend beyond the 5-year mark due to the regulatory requirement. The beneficiary must qualify to be classified as a manager or executive at the time of filing.[14]

The change to managerial or executive capacity must have been approved by USCIS in an amended, new, or extended petition at the time that the change occurred.[15]

D. Change of Status

In addition to all the requirements governing the L classification, change of status requests to the L classification from another nonimmigrant classification must establish that: ​

  • The beneficiary entered the United States legally;

  • The beneficiary has never worked in the United States illegally, or otherwise violated the terms of their visa or nonimmigrant status; and

  • The expiration date on the beneficiary’s I-94 has not passed.[16]

Footnotes


[^ 1] Under INA 101(a)(15)(H) or INA 101(a)(15)(L).

[^ 2] See 8 CFR 214.2(l)(12)(i).

[^ 3] See 8 CFR 214.2(l)(12)(i).

[^ 4] See 8 CFR 214.2(l)(12)(ii).

[^ 5] See 8 CFR 214.2(l)(12)(ii).

[^ 6] See 8 CFR 214.2(l)(15).

[^ 7] For example, a beneficiary is present in the United States in L-1B nonimmigrant status for 3 years; the beneficiary was in H-1B nonimmigrant status for the 2-year period immediately preceding the change to L-1B status. The beneficiary is subject to the 5-year limit because the combined H and L stay in the United States is 5 years. As a result, the beneficiary cannot obtain an extension of L status.

[^ 8] See 8 CFR 214.2(l)(11).

[^ 9] See 8 CFR 214.2(l)(7)(i)(B)(2).

[^ 10] See 8 CFR 214.2(l)(14)(iii)(B).

[^ 11] See 8 CFR 214.2(l)(7)(i)(B)(2).

[^ 12] See 8 CFR 214.2(l)(4)(iii)(A).

[^ 13] See 8 CFR 214.2(l)(15)(ii).

[^ 14] See 8 CFR 214.2(l)(15)(ii).

[^ 15] See 8 CFR 214.2(l)(15)(ii).

[^ 16] See 8 CFR 248.1(b) for information on timely filing and maintenance of status, and circumstances when failure to file timely may be excused in the discretion of USCIS.

Resources

Legal Authorities

8 CFR 214.2(l) - Intracompany transferees

INA 101(a)(15)(L) - Definition of L nonimmigrant classification

INA 101(a)(44) - Definition of managerial capacity and executive capacity

INA 214(c) - Admission of nonimmigrants

INA 214(c)(12) - Fraud prevention and detection fee

INA 214(c)(2) - Petition of importing employer for L nonimmigrant

Forms

I-129, Petition for Nonimmigrant Worker

I-539, Application To Extend/Change Nonimmigrant Status Application To Extend/Change Nonimmigrant Status

Other Materials

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

Appendices

No appendices available at this time.

Updates

POLICY ALERT - L-1 Petitions for Intracompany Transferees Filed by a Sole Proprietorship

October 20, 2023

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that a sole proprietorship may not file an L-1 petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity separate and apart from the owner.

Read More
Affected Sections

2 USCIS-PM L.5 - Chapter 5 - Ownership and Control

2 USCIS-PM L.10 - Chapter 10 - Period of Stay

POLICY ALERT - L-1 Intracompany Transferees

August 16, 2022

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS determines eligibility for L-1 nonimmigrants seeking classification as managers or executives or specialized knowledge workers. Note: This update consolidates and updates guidance that was previously contained in the Adjudicator’s Field Manual (AFM) Chapter 32, as well as related AFM appendices and policy memoranda. This update is not intended to change existing policy or create new policy.

Read More
Affected Sections

2 USCIS-PM L - Part L - Intracompany Transferees (L)

Technical Update - Replacing the Term “Alien”

May 11, 2021

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule

September 02, 2020

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary.

Read More
Affected Sections

1 USCIS-PM A - Part A - Public Services

1 USCIS-PM B - Part B - Submission of Benefit Requests

2 USCIS-PM - Volume 2 - Nonimmigrants

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment

7 USCIS-PM M - Part M - Asylee Adjustment

11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 317.68 KB) between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Technical Update - Replacing the Term “Foreign National”

October 08, 2019

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

Archived Content

This content has been superseded by the current version available in the Guidance tab. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. The historical versions are provided for research and reference purposes only. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures.

The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. For historical versions before June 11, 2021, navigate to the USCIS Policy Manual within the USCIS website at: https://archive.org

Version History:

  • View version archived on August 16, 2022

Select a date to view the historical version

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