The complexities of U.S. immigration law, particularly in employment visas, require staying updated with the latest guidance from immigration authorities. USCIS recently provided crucial clarifications for converting an L-1B specialized knowledge visa to an L-1A executive or managerial visa. Importantly, USCIS noted that this transition does not constitute a “change of status” but rather a change in the conditions of employment. We discuss moving from an L-1B visa to an L-1A visa here.
Detailed Guidance on Form I-129 for L-1B to L-1A Conversion
1. Conversion with Extension of Stay
For beneficiaries looking to convert from L-1B to L-1A and extend their stay, USCIS advises the following specifics on Form I-129:
- Basis for Classification: Indicate “change in previously approved employment” (Part 2, Item c).
- Requested Action: Select “Extend the stay of the person(s) since they now hold this status” (Part 5, Item d).
This guidance ensures the application is processed under the correct classification without unnecessary delays.
2. Conversion without Additional Time
If the conversion does not require additional time beyond the existing authorization:
- Basis for Classification: Still mark “change in previously approved employment” (Part 2, Item c).
- Requested Action: Choose “Amend the stay of the person(s) since they now hold this status” (Part 5, Item d).
This distinction is critical for accurately reflecting the nature of the request to USCIS.
Timing Strategy for Maximum Benefit
USCIS’s latest guidance also touches on the timing of the petition, a crucial aspect for maximizing the benefit of transitioning to the L-1A classification. It is advised that:
- The L-1A extension petition should be approved at least six months before reaching the final 5-year maximum stay allowed under the L-1B visa to benefit from the extended seven-year limit available to L-1A holders. Failure to approve the case before the 4.5-year mark means that while the L-1A classification may be granted, the beneficiary will still be subject to the 5-year limitation.
Additional Considerations
Practitioners should note potential workarounds for timing issues, including:
- Recapture of Time: Beneficiaries can recapture time outside the United States to extend the L-1B status, allowing for L-1A approval within the optimal timeframe.
- Renewal via Blanket L-1 Visa: Renewing an L-1 visa at an embassy or consulate abroad under a company’s blanket L approval can be an alternative path to achieving L-1A status.
Conclusion
While the USCIS’s guidance brings clarity, discrepancies with previous statements from USCIS headquarters suggest that ongoing clarification will be necessary. Practitioners are encouraged to consider these latest instructions carefully and plan strategically to ensure compliance and maximize the benefits of the L-1A classification. Schedule a consultation with one of our experienced immigration lawyers for assistance with your L1 visa.
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