A new pending final rule published by the Department of State would
permit the issuance of L visas with validity periods based on the visa
reciprocity schedule. The current rule limits such visas to the petition
validity period. The validity period, which is determined by USCIS,
cannot exceed three years. Petitioners are allowed to apply to USCIS for
extensions of validity in two year increments; the total period of
stay, however, cannot exceed five years for immigrants employed in a
special knowledge capacity or seven years for immigrants employed in a
managerial or executive capacity.
The pending final rule would change regulations so that the L visa
validity period would be based on schedules provided to consular offices
by the Department of State. These schedules would “reflect the
reciprocal treatment the applicant’s country accords U.S. nationals,
U.S. permanent residents or aliens granted refugee status in the United
States,” reports the Department of State. Nationals from countries for
which the reciprocity schedule prescribes visa validity for a longer
period of time that the initial validity period indicated in the
petition that was approved by the Department of Homeland Security and
who have extended their stay in the U.S. would benefit from the pending
rule. They would not need to re-apply for an L visa at a U.S. Embassy or
Consulate overseas if they travel outside the U.S. during the period
specified in the relevant reciprocity schedule.
