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8 CFR § 214.2(l)(12) / L-1A 7-Yr / L-1B 5-Yr Limits

L-1 Visa Recapture Calculator

Estimate qualifying full days spent outside the United States and their potential effect on the L-1 maximum-stay calculation under 8 CFR § 214.2(l)(12).

Visa Details

Use the earliest relevant H-1B/L-1 period date when prior H-1B time may count toward the applicable maximum. If no prior H-1B/L-1 time applies, use the initial L-1 start date.
This is the current authorized period. It is separate from the statutory 5-year/7-year maximum.
Awaiting Recapture Input

Input the relevant H-1B/L-1 period and documented travel history to estimate recapture. Overlapping trips are merged automatically, and only full days falling within the entered current authorized period are counted.

How L-1 Recapture Works

Recapture does not create a new 5-year or 7-year period. It restores qualifying full days that were spent physically outside the United States during the relevant H-1B/L-1 period. The petitioner must request the recapture and provide independent documentary evidence supporting the exact dates.

The statutory maximum and the current I-94/I-797 expiration are separate concepts. A beneficiary may have recapture available before reaching the statutory maximum, but USCIS must approve an extension petition requesting that additional period. A date produced by this calculator is therefore an estimate of the maximum calculation, not an automatic extension of status.

Prior H-1B time can affect the L-1 maximum because 8 CFR § 214.2(l)(12) refers to time spent in the United States under L and/or H classifications. A beneficiary who has already used the maximum generally must satisfy the one-year-residence-abroad rule before a new H/L period can be approved.

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Frequently Asked Questions (FAQ)

L-1 recapture allows a qualifying beneficiary to seek credit for full days physically spent outside the United States during the relevant H-1B/L-1 period. Qualifying recaptured time may be added to the remaining period of authorized stay, subject to documentary evidence and USCIS adjudication. The applicable maximum is generally 5 years for L-1B specialized-knowledge employment and 7 years for L-1A managerial or executive employment, with H-1B/L-1 time potentially affecting the maximum.

Under 8 CFR § 214.2(l)(12), the maximum period is generally 7 years for L-1A managerial or executive capacity and 5 years for L-1B specialized-knowledge capacity. The regulation measures these limits using time spent in the United States under L and/or H classifications, so prior qualifying H-1B time can affect the available L-1 period.

The petitioner bears the burden of documenting the requested recapture. Evidence can include passport stamps, Form I-94 arrival/departure records, airline tickets or boarding passes, travel itineraries, and other independent records establishing the exact periods the beneficiary was physically outside the United States. USCIS may grant all, part, or none of the requested recapture based on the evidence.

Recapture is based on full days physically spent outside the United States. A travel day on which the beneficiary was physically present in the United States for part of the day generally is not counted as a full recapturable day. The calculation therefore should use the actual departure and return dates and supporting evidence rather than simply counting both endpoints as full days.

L-2 dependent status is tied to the principal L-1 worker's authorized period. When USCIS grants the principal beneficiary an extension that includes valid recaptured time, eligible L-2 dependents may generally seek a corresponding extension of their own status. Each dependent's status and Form I-94 must still be reviewed and extended as applicable.

Generally, once an individual has reached the applicable 5-year or 7-year maximum under the L and/or H classifications, a new L-1 or H petition generally cannot be approved until the person has resided and been physically present outside the United States for the immediate prior year, except for brief visits for business or pleasure. Those brief U.S. visits do not interrupt the one-year period but do not count toward completing it. This is a new-period eligibility rule, not an automatic reset available to every L-1 beneficiary at any time.
Official USCIS References

• USCIS L-1A Intracompany Transferee Guidance: uscis.gov/l-1a
• USCIS L-1B Specialized Knowledge Guidance: uscis.gov/l-1b