The U.S. Department of State issued a revised regulation
affecting the validity period of L-1 visas for certain countries.
The new rule allows consular offices to issue L-1 visas for
intracompany transferees with validity period longer than the visa
petition approval issued by U.S. Citizenship and Immigration
Services (USCIS), avoiding the need for visa renewals and thereby
reducing travel time. Whether this change benefits individual L-1
foreign workers depends on the reciprocity schedule of the
individual's home country.
In the past, the regulation on its face limited L-1 visa validity
to the petition expiration date issued by USCIS. For example, for
companies in existence for longer than one year, USCIS would limit
the duration of individual L-1 petitions to three years initially
and to two years for extensions. Therefore, consulates would limit
L-1 to the same date. Now, L-1 visas can be issued up to the period
as determined by Department of State. The maximum reciprocity limit
for any country is five years (e.g., Japan and Germany) but is less
than three years for many countries (e.g., Brazil, China, and
Russia two years; Mexico one year). Accordingly, the new rule does
not benefit all foreign nationals. For a list of the reciprocity
schedule limits visit: www.travel.state.gov.
Visa Applicants Should:
L-1 workers with individual petitions should specifically ask
for L-1 visas valid for the reciprocity limit, pointing to the new
regulation at 22 CFR 41.112. As of the time of this writing, clear
guidance on the subject has not been issued by the Department of
State, particularly the effect on L Blankets. However, instructions
to consulates will likely be issued soon and published. What is
clear is that when an employer obtains the first extension of an
individual L-1 petition, the worker with five year visa validity
will not need to obtain a new visa on the next international trip,
saving significant travel time.
Advisory:
Employers and workers should take notice of the following: (1) the reciprocity limit is a function of the country of citizenship of the worker and family member, not where the worker is applying for the visa and, (2) family members who are citizens from a different country than the L-1 worker may receive a visa valid for a shorter period of time if the family member's country's reciprocity limit is shorter than the worker. Workers and family members are reminded to communicate their visa and admission period to their attorney to ensure that they remain in valid visa status.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
