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New Rule Allows L1 Visas for Up to Five Years in U.S.

February 21, 2012— Under a new Department of State (DOS) rule, foreign nationals can be issued L-1 visas valid for up to five years, depending on the maximum period allowed for their country of citizenship – even if that period is longer than their underlying USCIS petition approval. Previously, L visas were limited to the validity of the USCIS petition.

The new rule means that some foreign nationals may not need to undergo the sometimes lengthy visa renewal process at a U.S. consulate, even if they later extend their stay. It does not increase the time that an L-1 nonimmigrant can stay in the United States, however. A foreign national’s L-1 stay is limited to an initial period of up to three years regardless of the duration of his or her visa. DOS determines the maximum validity period for a nonimmigrant visa category based on reciprocity – how a foreign country‘s visa policy treats U.S. citizens. Maximum validity periods for nonimmigrant visas are set forth in the reciprocity schedule for each country.

Under the new rule, an Indian or U.K. national whose individual L-1 petition is valid for three years may nevertheless be issued an L-1 visa valid for up to 60 months, the maximum validity prescribed by the reciprocity schedules for India and the United Kingdom. The 60-month visa would cover their initial three-year petition and one two-year extension, with no visa renewals necessary. But Brazilian or Chinese nationals with the same three-year L-1 petition validity period would be issued an L-1 visa valid for no more than 24 months, the maximum allowed for Brazil and China. If traveling outside the United States after 24 months, these foreign nationals would need to apply for a new visa to reenter and resume U.S. employment for the remainder of their L-1 petition validity.

About AIReS

AIReS, which was named to the 2011 Inc. 5000 list of fastest-growing independently owned businesses in the U.S., has over 30 years of experience providing best-in-class relocation management services. With six ISO registered U.S. offices and other strategically located employees around the globe, AIReS is a recognized industry leader in delivering high quality relocation and assignment management services to leading corporations. The company boasts some of the industry’s highest annual customer-satisfaction scores and a client-retention rate of over 98%. For more information, please visit the AIReS website at www.aires.com.

 

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