If you are on an L-1 visa and your employment is terminated or your extension is denied, you must understand your options and act quickly to avoid status violations. In this guide, we’ll provide an overview of your options during the L-1 grace period, along with the next steps if you had an extension denied
Schedule a consultation with VisaNation to go over your options during your L-1 grace period or after an extension denial
L-1 Visa Background
The L-1 visa is an intracompany transfer visa that allows multinational companies with offices or affiliates in the U.S. to send high-ranking employees to the country. Those employees must be either:
- Managers: you must be in charge of several other employees and oversee their day-to-day activities.
- Executives: you must wield a substantial amount of decision-making power in the company without supervision from superiors.
- Employees with specialized knowledge: you must have knowledge that makes you indispensable to the operations of the company’s branch or affiliate in the U.S.
Initially, the L-1 visa is granted with a validity period of three years. For managers and executives under the L-1A visa, this can be extended to seven years. For specialized employees, who would possess the L-1B visa, the validity period can only be extended to a maximum of five years.
These maximum dates have no exceptions. So if your goal is to stay in the U.S. beyond the allotted maximum, then you will need to either obtain a new L-1 visa or transfer your status to a new visa like the H-1B.
If, however, you are nearing your L-1 visa expiration date or your extension petition has been denied, you will need to take action quickly in order to avoid being considered “out of status”. In situations like these, it is always important to consult a qualified immigration attorney before making any decisions.
Why Was My L-1 Visa Extension Denied?
If you petitioned to have your L-1 visa extended from the initial three years to its five or seven-year maximum, your position and your qualifications for that position will be re-analyzed by the USCIS. If you have not maintained the requirements for L-1 status, you may find that your extension gets denied.
Some common reasons for denial are:
- Your job has changed within the company and no longer qualifies as a managerial, executive, or specialized position.
- Your job has changed, and while the position still meets the requirements, you are no longer qualified for the position due to your relevant experience or educational background. For example, if Dave entered the U.S. as an IT manager, but was promoted to senior production manager, he may not be qualified for the position.
- You have committed a crime while in the United States or have otherwise jeopardized your immigration status.
- The USCIS suspects that your petition was filed in a fraudulent way.
Is There an L-1 Grace Period?
If you are terminated while on the L-1 Visa, you typically have a 60-day grace period. During this time, if you can find an employer to sponsor you on an appropriate visa that matches your qualifications, such as a cap-exempt H-1B or O-1, then you can remain in the United States while the visa processes.
However, if your extension or transfer of status was denied, there is no official regulation that allows for a grace period. Based on this, if you remain in the U.S. past the end of your initial L-1 visa validation period or employment termination date, you will be considered “out of status”.
Notably, USCIS often grants a ten-day cushion added from the last day of your employment date. This is offered to wrap up affairs in the country. However, verify this by checking your I-94 date.
To avoid overstaying, always double-check the departure date printed on your I-94. If that date passes and you are still in the U.S., then you are exposing yourself to the possibility of being temporarily barred.
What to Do If Your L-1 Visa Extension Has Been Denied or Has Expired
There are several things that you can do depending on your situation and qualifications. If your employer gives you advance notice of your employment termination or your extension was denied well before the end of your validation period, then you have time to retain an immigration lawyer and develop a solution.
Some people choose to find an employer to sponsor them for an employment-based green card, such as an EB-1C for managers and executives or an EB-2 for advanced degree holders. Others decide to petition for a work visa, such as the H-1B visa, which has a 60-day grace period that extends after employment termination.
Article Sources
- USCIS.gov. “L-1A Intracompany Transferee Executive or Manager”
- USCIS.gov. “USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs”
- USCIS.gov. “L-1B Intracompany Transferee Specialized Knowledge”
Related Pages
- L-1 Visa Guide
- L-1 Visa Denial Reasons
- L-1 Extension Denial
- L-1 Visa Benefits
- L-1 vs H-1B
- L-1 to H-1B Process
- L-1 to Green Card
- L-1B to Green Card