L-1 Visa: L-1A and L-1B Rules, Maximum Stay, New Offices, Blanket Petitions and Fees
The L-1 visa is the intracompany transferee classification: L-1A for executives and managers and L-1B for specialized knowledge employees. USCIS says the employee generally must have worked for a qualifying organization abroad for one continuous year within the three years immediately preceding admission to the United States, and USCIS lists a maximum limit of seven years of stay for L-1A and five years for L-1B. Form G-1055 (edition 10/26/26) lists the Form I-129 petition for an L nonimmigrant worker at $1,385 on paper and $1,335 online, plus additional fees. This page quotes the USCIS L-1A and L-1B pages (both last reviewed August 31, 2026) and 8 CFR 214.2(l) (eCFR, up to date as of October 29, 2026), and each quotation was compared word for word with a saved copy of the document when we checked on November 4, 2026.
Maintained by Archie Chang · Reviewed November 4, 2026 · Methodology & sources
What L-1A and L-1B are
USCIS describes the two classifications on separate pages, and 8 CFR 214.2(l)(1)(i) states the general rule for intracompany transferees.
The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one. The employer must file Form I-129, Petition for a Nonimmigrant Worker with fee, on behalf of the employee.
Under section 101(a)(15)(L) of the Act, an alien who within the preceding three years has been employed abroad for one continuous year by a qualifying organization may be admitted temporarily to the United States to be employed by a parent, branch, affiliate, or subsidiary of that employer in a managerial or executive capacity, or in a position requiring specialized knowledge.
The USCIS L-1A page lists the employer requirements, and the definition of doing business that goes with them.
To qualify for L-1 classification in this category, the employer must:
Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate, collectively referred to as qualifying organizations); and
Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.
Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.
The employee: one continuous year abroad in the prior three years
Both USCIS pages word the abroad rule with the word Generally. The L-1A page lists it with the executive or managerial service requirement, and the L-1B page lists it with the specialized knowledge requirement.
To qualify, the named employee must also:
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide service in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.
To qualify, the named employee must also:
Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
Be seeking to enter the United States to provide services in a specialized knowledge capacity to a branch of the same employer or one of its qualifying organizations.
Specialized knowledge means either special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization’s processes and procedures (See 8 CFR 214.2(l)(1)(ii)(D)).
The USCIS L-1B page also states the L-1 Visa Reform Act of 2004 conditions for an L-1B employee who will be stationed at the worksite of an employer other than the petitioning employer or its affiliate, subsidiary, or parent.
L-1 Visa Reform Act of 2004
The L-1 Visa Reform Act of 2004 applies to all petitions filed on or after June 6, 2005, and is directed particularly to those filed on behalf of L-1B employees who will be stationed primarily at the worksite of an of an employer other than the petitioning employer or its affiliate, subsidiary, or parent. In order for the employee to qualify for L-1B classification in this situation, the petitioning employer must show that:
The employee will not be principally controlled or supervised by such an unaffiliated employer; and
The work being provided by the employee is not considered to be labor for hire by such an unaffiliated employer.
See INA 214(c)(2)(F) and Chapter 32.3(c) of the USCIS Adjudicator’s Field Manual, available in the "Laws" section of the website.
The regulation defines an intracompany transferee in paragraph (l)(1)(ii)(A) and states the evidence of the year abroad in paragraph (l)(3)(iii). The USCIS pages and the definition in paragraph (l)(1)(ii)(A) measure the three years from admission, or from the time of application for admission; the evidence provision in paragraph (l)(3)(iii) refers to the filing of the petition, and 8 CFR 214.2(l)(1)(i) says within the preceding three years. The definition, with its exception for periods spent in the United States and brief trips, is quoted in full.
(ii) Definitions—(A) Intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm or corporation or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof in a capacity that is managerial, executive, or involves specialized knowledge. Periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted toward fulfillment of that requirement.
(iii) Evidence that the alien has at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition.
USCIS gives the executive and managerial capacity definitions in general terms and points to 8 CFR 214.2(l)(1)(ii) for the complete ones. The regulation defines specialized knowledge in paragraph (l)(1)(ii)(D).
Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.
Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization. It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.
(D) Specialized knowledge means special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.
Maximum stay: seven years for L-1A, five years for L-1B
USCIS states the limit on each of its pages. 8 CFR 214.2(l)(15)(ii) states the total period of stay, and 8 CFR 214.2(l)(12) states what happens when the maximum has been spent, and its exceptions.
| Classification | Maximum limit | Source |
|---|---|---|
| L-1A (executive or manager) | Seven years | USCIS L-1A page (last reviewed August 31, 2026); 8 CFR 214.2(l)(15)(ii) |
| L-1B (specialized knowledge) | Five years | USCIS L-1B page (last reviewed August 31, 2026); 8 CFR 214.2(l)(15)(ii) |
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1B employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of five years.
(ii) An extension of stay may be authorized in increments of up to two years for beneficiaries of individual and blanket petitions. The total period of stay may not exceed five years for aliens employed in a specialized knowledge capacity. The total period of stay for an alien employed in a managerial or executive capacity may not exceed seven years. No further extensions may be granted. When an alien was initially admitted to the United States in a specialized knowledge capacity and is later promoted to a managerial or executive position, he or she must have been employed in the managerial or executive position for at least six months to be eligible for the total period of stay of seven years. The change to managerial or executive capacity must have been approved by the Service in an amended, new, or extended petition at the time that the change occurred.
(12) L-1 limitation on period of stay—(i) Limits. An alien who has spent five years in the United States in a specialized knowledge capacity or seven years in the United States in a managerial or executive capacity under section 101(a)(15) (L) and/or (H) of the Act may not be readmitted to the United States under section 101(a)(15) (L) or (H) of the Act unless the alien has resided and been physically present outside the United States, except for brief visits for business or pleasure, for the immediate prior year. Such visits do not interrupt the one year abroad, but do not count towards fulfillment of that requirement. In view of this restriction, a new individual petition may not be approved for an alien who has spent the maximum time period in the United States under section 101(a)(15) (L) and/or (H) of the Act, unless the alien has resided and been physically present outside the United States, except for brief visits for business or pleasure, for the immediate prior year. The petitioner shall provide information about the alien's employment, place of residence, and the dates and purpose of any trips to the United States for the previous year. A consular or Service officer may not grant L classification under a blanket petition to an alien who has spent five years in the United States as a professional with specialized knowledge or seven years in the United States as a manager or executive, unless the alien has met the requirements contained in this paragraph.
(ii) Exceptions. The limitations of paragraph (l)(12)(i) of this section shall not apply to aliens who do not reside continually in the United States and whose employment in the United States is seasonal, intermittent, or consists of an aggregate of six months or less per year. In addition, the limitations will not apply to aliens who reside abroad and regularly commute to the United States to engage in part-time employment. The petitioner and the alien must provide clear and convincing proof that the alien qualifies for an exception. Clear and convincing proof shall consist of evidence such as arrival and departure records, copies of tax returns, and records of employment abroad.
The effect that a permanent labor certification, a preference petition or an application for adjustment of status has on L-1 classification is stated in 8 CFR 214.2(l)(16).
The validity of an approved individual petition is a separate rule from the total stay.
(2) An individual petition approved under this paragraph shall be valid for the period of established need for the beneficiary's services, not to exceed three years, except where the beneficiary is coming to the United States to open or to be employed in a new office.
(3) If the beneficiary is coming to the United States to open or be employed in a new office, the petition may be approved for a period not to exceed one year, after which the petitioner shall demonstrate as required by paragraph (l)(14)(ii) of this section that it is doing business as defined in paragraph (l) (1)(ii)(H) of this section to extend the validity of the petition.
New office rules
USCIS lists extra showings for an employer that sends an employee to open a new office, one list on the L-1A page and one on the L-1B page. 8 CFR 214.2(l)(1)(ii)(F) defines a new office, and paragraphs (l)(3)(v) and (l)(3)(vi) state the evidence.
For foreign employers seeking to send an employee to the United States as an executive or manager to establish a new office, the employer must also show that:
The employer has secured sufficient physical premises to house the new office;
The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
See 8 CFR 214.2(l)(3)(v) for details.
For foreign employers seeking to send an employee with specialized knowledge to the United States to be employed in a qualifying new office, the employer must show that:
The employer has secured sufficient physical premises to house the new office ; and
The employer has the financial ability to compensate the employee and begin doing business in the United States.
See 8 CFR 214.2(l)(3)(vi) for details.
(F) New office means an organization which has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year.
(v) If the petition indicates that the beneficiary is coming to the United States as a manager or executive to open or to be employed in a new office in the United States, the petitioner shall submit evidence that:
(A) Sufficient physical premises to house the new office have been secured;
(B) The beneficiary has been employed for one continuous year in the three year period preceding the filing of the petition in an executive or managerial capacity and that the proposed employment involved executive or managerial authority over the new operation; and
(C) The intended United States operation, within one year of the approval of the petition, will support an executive or managerial position as defined in paragraphs (l)(1)(ii) (B) or (C) of this section, supported by information regarding:
(1) The proposed nature of the office describing the scope of the entity, its organizational structure, and its financial goals;
(2) The size of the United States investment and the financial ability of the foreign entity to remunerate the beneficiary and to commence doing business in the United States; and
(3) The organizational structure of the foreign entity.
(vi) If the petition indicates that the beneficiary is coming to the United States in a specialized knowledge capacity to open or to be employed in a new office, the petitioner shall submit evidence that:
(A) Sufficient physical premises to house the new office have been secured;
(B) The business entity in the United States is or will be a qualifying organization as defined in paragraph (l)(1)(ii)(G) of this section; and
(C) The petitioner has the financial ability to remunerate the beneficiary and to commence doing business in the United States.
Blanket petitions
A blanket petition lets certain organizations establish the intracompany relationship in advance of individual L-1 petitions. Where the documents differ, both are shown, side by side and dated. The USCIS L-1A page lists three alternative criteria in its last item; 8 CFR 214.2(l)(4)(i)(D) words the first of them differently.
| Document | Wording |
|---|---|
| USCIS L-1A page (last reviewed August 31, 2026) | Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition. Eligibility for blanket L certification may be established if: The petitioner and each of the qualifying organizations are engaged in commercial trade or services; The petitioner has an office in the United States that has been doing business for one year or more; The petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and The petitioner along with the other qualifying organizations meet one of the following criteria: Have obtained at least 10 L-1 approvals during the previous 12-month period; Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or Have a U.S. work force of at least 1,000 employees. |
| 8 CFR 214.2(l)(4)(i) (eCFR, up to date as of October 29, 2026) | (4) Blanket petitions. (i) A petitioner which meets the following requirements may file a blanket petition seeking continuing approval of itself and some or all of its parent, branches, subsidiaries, and affiliates as qualifying organizations if: (A) The petitioner and each of those entities are engaged in commercial trade or services; (B) The petitioner has an office in the United States that has been doing business for one year or more; (C) The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and (D) The petitioner and the other qualifying organizations have obtained approval of petitions for at least ten “L” managers, executives, or specialized knowledge professionals during the previous 12 months; or have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or have a United States work force of at least 1,000 employees. |
Each USCIS page adds what approval of a blanket petition does and does not do. The L-1B page adds a professional requirement.
The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS.
The approval of a blanket L petition does not guarantee that an employee will be granted L-1B classification. It does, however, provide the employer with the flexibility to transfer eligible employees to the United States without having to file an individual petition with USCIS. In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional. See 8 CFR 214.2(l)(1)(ii)(E).
L-1 fees
Form G-1055 (edition 10/26/26) and 8 CFR 106.2 (eCFR, up to date as of October 29, 2026) agree on these amounts. Form I-129 is also the form for other classifications, such as the O-1 visa, which has its own rows. The petition amounts below are the Form I-129 rows for L petitions; the other three are additional fees that G-1055 and 8 CFR 106.2 attach to L petitions under the conditions stated after the table.
| Item | Amount | Source |
|---|---|---|
| Form I-129, petition for an L nonimmigrant worker: paper filing | $1,385 | Form G-1055, Appendix A, I-129-L petitions; 8 CFR 106.2(a)(3)(vi) |
| Form I-129, petition for an L nonimmigrant worker: online filing | $1,335 | Form G-1055, Appendix A, I-129-L petitions |
| Small employer or nonprofit: paper and online filing | $695 | Form G-1055, Appendix A; 8 CFR 106.2(a)(3)(ix) (one-half, rounded to the nearest $5 increment); small employer and nonprofit as 8 CFR 106.1(f) defines them, quoted after the table |
| Asylum Program Fee: regular petitioner, nonprofit, small employer | $600, $0, $300 | Form G-1055, Appendix A; 8 CFR 106.2(c)(13) |
| Fraud Prevention and Detection fee, when it applies | $500 | Form G-1055, Appendix A; 8 CFR 106.2(c)(5)(i) |
| Pub. L. 114-113 fee (9-11 Biometric Fee), when it applies | $4,500 | Form G-1055, Appendix A; 8 CFR 106.2(c)(9) |
Form G-1055 lists the Fraud Prevention and Detection fee for L petitions that are seeking initial approval of L nonimmigrant status for a beneficiary; seeking approval to employ an L nonimmigrant who is working for another petitioner; or, for blanket petitions, seeking approval for an L nonimmigrant to continue employment with an entity different from the previous petitioner. 8 CFR 106.2(c)(5)(i) says certain H-1B and L petitions as described in 8 U.S.C. 1184(c).
Form G-1055 lists the Pub. L. 114-113 fee for L-1 petitions if the petitioner employs 50 or more individuals in the United States, more than 50 percent of those employees are in H-1B, L-1A, or L-1B nonimmigrant status, and the petition is filed on or before Sept. 30, 2027. Both G-1055 and 8 CFR 106.2(c)(9) exempt an amended petition that does not seek an extension of the L-1 status already authorized. The three documents name this fee differently, as shown here.
| Document | Name used |
|---|---|
| Form G-1055 (edition 10/26/26), Appendix A, I-129-L petitions | Pub. L. 114-113 Fee |
| 8 CFR 106.2(c)(9) (eCFR, up to date as of October 29, 2026) | 9-11 Response and Biometric Entry-Exit Fee for L-1 Visa |
| USCIS L-1A page alert (last reviewed August 31, 2026) | 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas (9-11 Biometric Fee) |
ALERT: On Aug. 10, 2026, DHS issued a final rule to amend regulations concerning the statutory 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas (9-11 Biometric Fee). The regulatory changes require petitioners that are covered employers to submit the 9-11 Biometric Fee for all H-1B and L-1 petitions. However, the fee does not apply if the petitioner is filing an amended petition that does not seek to extend the alien’s currently authorized H-1B or L-1 status. A petitioner is a covered employer if it employs 50 or more individuals in the United States, and more than 50 percent of those employees are in H-1B or L-1A or L-1B nonimmigrant status. The final rule is effective Sept. 9, 2026.
Form I-129 petitions postmarked or electronically submitted on or after Sept. 9, 2026, must include the fees as required under the final rule. For additional information on fees, see the G-1055, Fee Schedule.
(vi) Petition for L Nonimmigrant Worker: $1,385.
[…]
(ix) For small employers and nonprofits as defined in § 106.1(f), the fees in paragraphs (a)(3)(ii), (a)(3)(iv), (a)(3)(vi), (a)(3)(vii), and (a)(3)(viii) of this section will be one-half the amount in those paragraphs rounded to the nearest $5 increment.
[…]
(xi) The online filing discount in § 106.1(g) does not apply to the fee for small employers and nonprofits in paragraphs (a)(3)(i), (a)(3)(iii), (a)(3)(v), and (a)(3)(ix) of this section.”
(5) Fraud detection and prevention fee. (i) For filing certain H-1B and L petitions as described in 8 U.S.C. 1184(c): $500.
(9) 9-11 Response and Biometric Entry-Exit Fee for L-1 Visa. For all petitioners filing an L-1 petition who employ 50 or more employees in the United States, if more than 50 percent of the petitioner's employees in the aggregate are in H-1B, L-1A, or L-1B nonimmigrant status: $4,500. Petitioners filing an amended petition that do not seek an extension of the alien's currently authorized L-1 status are exempt from this fee. This fee will apply to petitions filed on or before September 30, 2027.
(13) Asylum Program Fee. In addition to the fees required by § 106.2(a)(3), (a)(4) and (a)(11), to fund the asylum program, the Asylum Program Fee must be paid by any petitioner filing a Petition for a Nonimmigrant Worker, Form I-129 under 8 CFR 214.2, Petition for a CNMI-Only Nonimmigrant Transitional Worker, Form I-129CW under 8 CFR 214.2(w), or an Immigrant Petition for Alien Worker, Form I-140 under 8 CFR 204.1(a). $600. For petitions:
(i) Filed by a nonprofit as defined in § 106.1(f): No fee.
(ii) Filed by a small employer as defined in § 106.1(f): $300.
(iii) The online filing discount provided in § 106.1(g) does not apply to this fee.
The small employer and nonprofit amounts depend on these definitions in 8 CFR 106.1(f):
(f) Definitions. For the purposes of this part, the term:
(1) Small employer means a firm or individual that has 25 or fewer full-time equivalent employees in the United States, including any affiliates and subsidiaries.
(2) Nonprofit means not-for-profit primary or secondary educational institutions, or institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a); organizations organized as tax exempt under the Internal Revenue Code of 1986, section 501(c)(3), 26 U.S.C. 501(c)(3); or governmental research organizations as defined under 8 CFR 214.2(h)(19)(iii)(C).
When we checked on November 4, 2026, the USCIS L-1A page and the USCIS L-1B page (both last reviewed August 31, 2026) stated no Form I-129 filing fee amount; the alert on the L-1A page refers to the G-1055 Fee Schedule.
L-2 spouses and work authorization
USCIS describes family members on its L-1A and L-1B pages, and 8 CFR 214.2(l)(7)(ii) states the rule in the regulation. The USCIS page and the regulation word work authorization for the spouse differently, and a Federal Register final rule of October 14, 2026 speaks to L-2 spouses with an I-94 notation. All three are quoted with their dates.
The transferring employee may be accompanied or followed by their spouse and unmarried children who are under 21 years of age. Spouses and children may seek admission in the L-2 nonimmigrant classification and, if approved, generally will be granted the same period of stay as the employee.
If these family members are already in the United States and seeking changes of status to or extension of stay in L-2 classification, they may apply collectively, with fee, on an Form I-539, Application to Change/Extend Nonimmigrant Status.
Spouses of L-1 workers in valid L-2S nonimmigrant status are considered employment authorized incident to status. DHS-issued evidence of such employment authorization that is acceptable for completion of Form I-9, Employment Eligibility Verification, include:
An unexpired Form I-94 with a notation reflecting L-2S nonimmigrant status. As of Jan. 30, 2022, USCIS and CBP began issuing Forms I-94 with a new admission code for spouses of L-1 workers: L-2S. An unexpired Form I-94 reflecting this new code is acceptable as evidence of employment authorization for L spouses under List C of Form I-9;
An unexpired Form I-94 with a notation reflecting L-2 nonimmigrant status, together with a notice from USCIS regarding the new admission code. USCIS will send L spouses with a Form I-94 issued by USCIS before Jan. 30, 2022, that was notated with L-2 nonimmigrant status, a notice regarding the new admission code that, together with an unexpired Form I-94 reflecting L-2 nonimmigrant status, serves as evidence of employment authorization for such spouses under List C of Form I-9. For more information, see this web alert;
An unexpired Employment Authorization Document (EAD). L spouses are not required to request employment authorization by filing Form I-765, Application for Employment Authorization, but may still file Form I-765, with fee, in order to obtain an Employment Authorization Document (Form I-766 or EAD). EADs are acceptable evidence of both identity and employment authorization under List A of Form I-9; or
A facially expired EAD with additional documentation to show the EAD is automatically extended. See our Automatic Employment Authorization Document (EAD) Extension page for more information on this automatic extension.
(ii) Spouse and dependents. The spouse and unmarried minor children of the beneficiary are entitled to L nonimmigrant classification, subject to the same period of admission and limits as the beneficiary, if the spouse and unmarried minor children are accompanying or following to join the beneficiary in the United States. Neither the spouse nor any child may accept employment unless he or she has been granted employment authorization.
The last item of the USCIS list refers to the USCIS Automatic Employment Authorization Document (EAD) Extension page. When we checked on November 4, 2026, that page was in the USCIS archive and carried this notice, and the USCIS news release of October 29, 2025 stated the rule for renewals filed on or after October 30, 2025.
The information on this page is out of date. However, some of the content may still be useful, so we have archived the page.
Aliens who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation. Ending automatic extensions of EADs results in more frequent vetting of aliens who apply for employment authorization to work in the United States. Reviewing an alien’s background more often will enable U.S. Citizenship and Immigration Services (USCIS) to deter fraud and detect aliens with potentially harmful intent so they can be processed for removal from the United States.
The Federal Register final rule 91 FR 65306 (October 14, 2026) answers comments about H-4 and L-2 dependents in this passage.
Response: This rule does not change the underlying eligibility of H-4, L-2, or other employment-based dependents to apply for employment authorization and/or EAD. This final rule also does not alter the eligibility of employment-based adjustment applicants to seek EADs while their Form I-485 applications are pending. For nonimmigrants whose employment authorization is incident to status and not necessarily evidenced by an EAD (for example, certain L-2 spouses with appropriate notation on their Form I-94), that authorization continues for so long as the underlying nonimmigrant status remains valid, irrespective of any separate EAD. For those whose employment authorization is granted under 8 CFR 274a.12(c), renewal of that authorization remains discretionary and time limited.
Processing times
No processing-time figure is shown on this page, because USCIS updates its figures on its own tool. In an Internet Archive capture of February 1, 2025, the USCIS More Information About Case Processing Times page printed this note about Form I-129.
Most forms displayed on the processing times webpage use this methodology. However, some forms use an older methodology known as “cycle time.”
[…]
1. The following forms still use cycle time methodology: Form I‑129, and Form I‑129CW.
USCIS Check Case Processing Times tool: https://egov.uscis.gov/processing-times/
Frequently asked questions
What are L-1A and L-1B visas?
The USCIS L-1A page (last reviewed August 31, 2026) says the L-1A classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. The USCIS L-1B page (last reviewed August 31, 2026) says the L-1B classification does the same for a professional employee with specialized knowledge relating to the organization's interests. On both pages the employer files a Form I-129, Petition for a Nonimmigrant Worker, with fee, on behalf of the employee.
How much time abroad must an L-1 employee have first?
The USCIS L-1A and L-1B pages (last reviewed August 31, 2026) say the named employee must generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States. 8 CFR 214.2(l)(1)(ii)(A) (eCFR, up to date as of October 29, 2026) defines an intracompany transferee as an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year, and says periods spent in the United States in lawful status for a branch of the same employer or a parent, affiliate, or subsidiary thereof and brief trips to the United States for business or pleasure "shall not be interruptive of the one year of continuous employment abroad but such periods shall not be counted toward fulfillment of that requirement". The evidence provision, 8 CFR 214.2(l)(3)(iii), refers to at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition.
What is the maximum stay on an L-1 visa?
The USCIS L-1A and L-1B pages (last reviewed August 31, 2026) say extensions of stay may be granted in increments of up to an additional two years until the employee reaches the maximum limit, seven years for L-1A and five years for L-1B. 8 CFR 214.2(l)(12) adds that an alien who has spent the maximum time in L or H status may not be readmitted in L or H status unless the alien has resided and been physically present outside the United States, except for brief visits, for the immediate prior year. It also says the limits do not apply to aliens whose employment in the United States is seasonal, intermittent, or an aggregate of six months or less per year, or who reside abroad and regularly commute for part-time employment, if clear and convincing proof is provided. USCIS allows a maximum initial stay of one year for a new office and three years for other qualified employees.
What are the new office rules for an L-1 petition?
For an executive or manager sent to establish a new office, the USCIS L-1A page (last reviewed August 31, 2026) and 8 CFR 214.2(l)(3)(v) list that sufficient physical premises to house the new office have been secured, that the employee has been employed as an executive or manager for one continuous year in the three year period preceding the filing of the petition and that the proposed employment involved "executive or managerial authority over the new operation", and that the intended U.S. operation will support an executive or managerial position within one year of the approval of the petition. For a specialized knowledge employee, the USCIS L-1B page and 8 CFR 214.2(l)(3)(vi) list the premises and the financial ability to compensate the employee and begin doing business in the United States. 8 CFR 214.2(l)(1)(ii)(F) defines a new office as an organization that has been doing business in the United States through a parent, branch, affiliate, or subsidiary for less than one year, and USCIS says a qualified employee entering to establish a new office is allowed a maximum initial stay of one year.
What is an L-1 blanket petition?
The USCIS L-1A page (last reviewed August 31, 2026) says certain organizations may establish the required intracompany relationship in advance of individual L-1 petitions by filing a blanket petition. USCIS lists these criteria: the petitioner and each qualifying organization are engaged in commercial trade or services; the petitioner has a U.S. office that has been doing business for one year or more; the petitioner has three or more domestic and foreign branches, subsidiaries, and affiliates; and the organizations meet one of three criteria, at least 10 L-1 approvals during the previous 12-month period, U.S. subsidiaries or affiliates with combined annual sales of at least $25 million, or a U.S. work force of at least 1,000 employees. 8 CFR 214.2(l)(4)(i)(D) words the first criterion as approval of petitions for at least ten L managers, executives, or specialized knowledge professionals during the previous 12 months. USCIS says approval of a blanket petition does not guarantee L-1A classification, and that in most cases the employer then completes Form I-129S and sends it to the employee with a copy of the approval notice.
How much does an L-1 petition cost?
Form G-1055 (edition 10/26/26) lists the Form I-129 petition for an L nonimmigrant worker at $1,385 on paper and $1,335 online, and $695 for a small employer or nonprofit, plus additional fees. 8 CFR 106.1(f) (eCFR, up to date as of October 29, 2026) defines a small employer as a firm or individual that has 25 or fewer full-time equivalent employees in the United States, including any affiliates and subsidiaries. The Asylum Program Fee is $600 for a regular petitioner, $0 for a nonprofit and $300 for a small employer. The Fraud Prevention and Detection fee is $500 for L petitions seeking initial approval of L nonimmigrant status for a beneficiary, seeking approval to employ an L nonimmigrant who is working for another petitioner, or, for blanket petitions, seeking approval for an L nonimmigrant to continue employment with an entity different from the previous petitioner. A $4,500 fee, named the Pub. L. 114-113 Fee in G-1055 and the 9-11 Response and Biometric Entry-Exit Fee for L-1 Visa in 8 CFR 106.2(c)(9), applies if the petitioner employs 50 or more individuals in the United States, more than 50 percent of those employees are in H-1B, L-1A, or L-1B nonimmigrant status, and the petition is filed on or before September 30, 2027; an amended petition that does not seek an extension of the L-1 status already authorized is exempt.
Can the spouse of an L-1 worker work in the United States?
The USCIS L-1A page (last reviewed August 31, 2026) says spouses of L-1 workers in valid L-2S nonimmigrant status are considered employment authorized incident to status, and that L spouses are not required to request employment authorization by filing Form I-765 but may still file it, with fee, to obtain an Employment Authorization Document. 8 CFR 214.2(l)(7)(ii) (eCFR, up to date as of October 29, 2026) says neither the spouse nor any child may accept employment unless he or she has been granted employment authorization. The Federal Register final rule 91 FR 65306 (October 14, 2026) says that for nonimmigrants whose employment authorization is incident to status and not necessarily evidenced by an EAD, for example certain L-2 spouses with appropriate notation on their Form I-94, that authorization continues for so long as the underlying nonimmigrant status remains valid, irrespective of any separate EAD. The three documents word the rule differently. The last evidence item on the USCIS list, a facially expired EAD with documentation of an automatic extension, refers to a USCIS page that USCIS had placed in its archive with a notice that its information is out of date when we checked on November 4, 2026.
Related pages
Sources
Reviewed November 4, 2026. Every rule, list and amount on this page comes from the official documents listed here; each quotation was compared word for word with a copy saved on November 4, 2026. The Form G-1055, 8 CFR 106.2, Form I-765 and EAD documents were saved on November 2, 2026 for earlier pages and are read again here. The two egov.uscis.gov pages are Internet Archive captures of February 1, 2025.
- USCIS, L-1A Intracompany Transferee Executive or Manager (last reviewed August 31, 2026)
- USCIS, L-1B Intracompany Transferee Specialized Knowledge (last reviewed August 31, 2026)
- eCFR, 8 CFR 214.2 (paragraphs (l) and (h)(9)(iv), up to date as of October 29, 2026)
- USCIS, Form G-1055, Fee Schedule (edition 10/26/26)
- eCFR, 8 CFR 106.2 (up to date as of October 29, 2026)
- USCIS, Automatic Employment Authorization Document (EAD) Extension (archived page)
- USCIS, news release: DHS Ends Automatic Extension of Employment Authorization (October 29, 2025)
- USCIS, Check Case Processing Times (a link only; its page is quoted from an Internet Archive capture of February 1, 2025)
- USCIS, More Information About Case Processing Times (Internet Archive capture of February 1, 2025)
- Federal Register, Removal of Automatic Extensions for Certain Employment Authorization Documents, final rule, 91 FR 65306 (Oct. 14, 2026)
- eCFR, 8 CFR 106.1 (up to date as of October 29, 2026)