When your L1 visa is close to expiring, your employer may file a request to extend your stay. The agency responsible for reviewing and approving that request is the United States Citizenship and Immigration Services (USCIS).
Here’s a closer look at what USCIS is and exactly what it does when handling an L1 visa extension.
What is USCIS?
USCIS is a federal agency within the Department of Homeland Security (DHS). It manages immigration benefits in the United States. That includes everything from green card applications to temporary work visas like the L1.
For employment-based immigration, USCIS handles the review and approval of petitions filed by U.S. employers on behalf of foreign workers. This includes both initial L1 petitions and extension requests.
USCIS Checklist: What It Does in an L1 Extension Case
When your employer files Form I-129 to request an extension of your L1 status, USCIS takes the following steps:
✔ Receives and issues a receipt for Form I-129
Once the petition is received, USCIS sends a receipt notice (Form I-797C) to confirm that processing has begun.
✔ Checks whether the request was filed on time
USCIS verifies that the extension was filed before the employee’s I-94 expiration date. Timely filing allows the employee to keep working for the same employer for up to 240 days while the petition is pending.
✔ Confirms continued eligibility under L1 rules
The agency reviews whether:
- The employee is still in an executive, managerial, or specialized knowledge role
- The U.S. employer and its foreign affiliate still have a qualifying relationship
- The employee remains within the 5-year (L1B) or 7-year (L1A) maximum period of stay
✔ Reviews supporting documents
USCIS looks at pay stubs, job descriptions, company documents, travel history, and previous approvals to verify that everything is consistent and meets the visa’s requirements.
✔ Evaluates employer compliance
They assess whether the employer is still actively doing business and complying with L1 regulations, especially in blanket petitions.
✔ Determines next steps
After reviewing the file, USCIS may:
- Approve the extension
- Deny the petition
- Issue a Request for Evidence (RFE) asking for more information
✔ Processes premium requests (if applicable)
If the employer paid for premium processing, USCIS guarantees a decision or RFE within 15 calendar days.
Summary
In an L1 visa extension, USCIS is the decision-maker. It checks the petition against current regulations, reviews all supporting materials, and determines whether you still qualify to remain in the U.S. under L1 status.
While your employer handles the filing, USCIS makes the final call, and your case depends on their review being accurate, complete, and timely.