Can You Renew Your Nonimmigrant Work Visa?

Nonimmigrant work visas --such as the H-1B, O-1, L-1, and so forth -- are valid for a specific period of time. At the end of the visa’s validity period, the foreign worker’s lawful status in the U.S. expires, and the worker must depart the United States.

However, foreign workers who do not want to depart the U.S. may have the option to renew (or extend) their nonimmigrant work visa.

By When Do I Need to Extent My Nonimmigrant Work Visa?

Don't put off dealing with this! You must apply to extend your work visa before your current visa expires. Your I-94 tells you when your status expires.

If you applied for your work visa while you were outside of the U.S., then a U.S. Customs and Border Protection (CBP) officer will have given you the I-94 card at the border or other arrival point. This I-94 card will state your name, your status (H-1B, O-1, or whichever), and the date on which your status expires.

Or, you may have applied for your work visa while you were already in the U.S. with a different visa. If so, your I-94 card was provided on the bottom of the I-797 Approval Notice that U.S. Citizenship and Immigration Services (USCIS) issued to you. This I-94 card will also state your name, your status, and the date on which your status expires.

You must file your applications to extend a nonimmigrant work visa with USCIS, by mail. The agency mustreceive the extension application before the expiration of your visa. It is not sufficient to merely postmark the application before your visa expires -- USCIS must actually receive it in order for the application to be considered timely filed.

For example, let’s say your H-1B visa expires on June 1, 2013. You mail your extension application to USCIS on May 28, 2013, and it reaches USCIS on June 3, 2013. USCIS will not consider your application timely filed, since USCIS did not receive it until after your status expired.

Conversely, let’s say you mailed your extension application to USCIS on May 28, 2013, and USCIS received it on May 29, 2013. USCIS will consider your application timely filed, since USCIS received it before your status expired.

What to Include in the Extension Application

All work visa extension applications are completed on USCIS Form I-129. The following documents are typically included as well (your own application may require different documents, however, and we recommend that you consult an immigration attorney to help prepare your request):

USCIS filing fee. The I-129 filing fee in early 2013 is $325, but be sure to check the USCIS website to confirm the fee (USCIS raises its fees frequently).
Completed and signed Form I-129 and specific work visa supplement (there are separate supplements for each work visa, such as the H-1B, O-1, E-1, and so forth, so you'll need to include the appropriate supplement with your application).
Signed letter from your employer confirming your continued offer of employment.
Proof that you continue to qualify for your visa. (This evidence is different for each type of visa. For example, if you are seeking to extend an H-1B , you must prove that you have a U.S. bachelor’s degree or foreign equivalent. If you are extending an O-1, you must prove your extraordinary ability in your field of endeavor.)
Proof that you are currently working for the employer. This evidence shows that you have been maintaining lawful status in the United States. It usually consists of timesheets, W-2 forms, and recent paystubs.
Copies of your previous USCIS approval notices, visas, and current I-94 card.

How Many Times Can I Extend a Nonimmigrant Work Visa?

There is no limit on how long a foreign worker can extend an O visa or an E visa. As long as you continue to meet the requirements for either O or E status, you could potentially extend your visa for ten, twenty, or fifty years.

However, there are limits on how long a foreign worker can extend an H-1B or L visa. Foreign workers can remain in H-1B status for a maximum of only six years at a time. Foreign workers can remain in the U.S. in L-1A status for seven years, or in L-1B status for five years.

Once these maximum time frames expire, the worker must leave the U.S. for one year before reentering in H-1B or L status. (Note that time spent in either status counts towards the six-year H-1B maximum. So if you spent two years in L-1A status, and then change to H-1B status, you have only four years of H-1B status left).

There are important exceptions to the six-year maximum rule that allow H-1B workers to extend their status past the six years. To learn more about these exceptions, read "When H-1B Visa Holders Can Extend Stay Beyond Six Years."

Can My Family Extend Their Visas Too?

Any qualifying family member (spouse or child under the age of 21) can extend their dependent visas along with the primary visa holder.

To do so, the family must file a USCIS Form I-539 Application to Extend Nonimmigrant Status. All family members can be included on one application. This application must also be filed with USCIS, must be accompanied by the correct filing fee, and must include proof that the family members are related to the principal foreign worker (such as marriage certificates or birth certificates). For more information on the I-539 see "Applying for an Extension or Change of Status on Form I-539."