Guidance Regarding L-1 Visa Stamp Issuance and Permissible U.S. Stay.note

Source: /Volumes/X9 Pro/ObsNotes/YoudaoYunNotes/Guidance Regarding L-1 Visa Stamp Issuance and Permissible U.S. Stay.note.pdf Converted: 2025-12-10 12:17:09

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There is increasing confusion among employers and visa holders regarding the issuance

and validity of five-year visa stamps and the conflicting statutory expiration periods for L-1

and E-1/2 visa holders.

In general, an initial L-1 visa is issued for a three-year period, and extensions then follow

in two-year increments. Under reciprocity rules (see

), a U.S. Consulate abroad will often issue a five-

year visa stamp to L-1 applicants from certain countries. However, the initial stay in L-1

visa status should be limited to three-years, and in that case, the visa stamp should note a

Petition Expiration Date (“PED”) of three-years after approval. In fact, no L-1 visa petition

is valid for longer than three-years, and the PED date, if any, rules.

It is crucial that visa holders and employers pay close attention to the visa-endorsed PED,

which is, in fact, the actual expiration date of the L-1 visa and governs the permissible

stay in L-1 visa status. Once the PED has been reached, the employer may no longer

employ the L-1 employee even if the visa stamp remains valid, and an extension petition

must be filed.

If the visa stamp does not include a PED endorsement, and if the L-1 visa is issued under

an approved L-1 Blanket Petition, the PED could be listed on the endorsed Form I-129,

which is defined as the “last action rule”. If the I-129S has an expiration date, typically

noted on the first page of the form, that date acts as the official petition end date. Again,

even if the visa stamp is valid for a longer period of time, the I-129S endorsement acts as

the expiration date of the visa, the permissible stay of the visa holder should end on that

date and the employer may no longer employ the L-1 visa holder unless a timely

extension is filed.

Sometimes, neither the visa stamp nor the endorsed Form I-129S list a petition end date.

In this case, it is crucial that the visa applicant confirms his statutory time limitation in L-1A

or L-1B visa status, and he/she and the employer list the end date accordingly. Please

note that each day the alien spent abroad during the statutory visa time period can be

recouped, which is usually done in connection with an L-1 extension petition.

http://travel.state.gov/content/visas/e

nglish/fees/reciprocity-by-country.html

Each time a visa holder enters the U.S. on the visa, a U.S. Customs and Border

Protection Inspector will issue a U.S. entry stamp that states the permissible length of stay

in the United States. All L-1 visa holders and employers should confirm upon the alien’s

each U.S. arrival that the entry stamp is valid until the PED, and confirm the entry was

recorded into the electronic system by downloading the I-94 (arrival/departure record) at

.

The confusion and disregard of the actual visa expiration date can lead to drastic

consequences if the visa holder has exhausted his/her statutory seven-year (L-1A

Manager/Executive) or five-year (L-1B Specialized Knowledge) time limit and continues to

work under the issued visa stamp that appears to still be valid. In this scenario, the visa

holder is accruing unlawful presence in the United States, and the employer continues to

employ a foreigner whose work permit has expired. This may lead to dire consequences

such as the visa holder’s possible bar from the United States, and the employer possibly

being penalized and sanctioned.

In sum, a visa applicant has to be diligent, must be aware of the above-described pitfalls,

should always ascertain the permissible period of time at time of U.S. entry, and confirm

his/her overall visa time limitation, which should not be exceeded under any

circumstances.

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ttps://i94.cbp.dhs.gov/I94/request.html