Interoffice Memorandum Example
Memorandum for Service Center Directors, et al. Page 10
Subject: Guidance on D e te rm i ni ng Per i ods of Adm i ssi on f or Al i ens Previousl y in H-4 or L-2 St at us,
Aliens Applying for Additional Periods of Admission beyond the H-1B Six Year Maximu m and
Aliens Who Have Not Exhausted the Six-Year Maximum But Have Been Absent from the United
States for Over One Year
(h)
Decoupling Time Spent in L-2 Status from L-1 Maximum Period of Stay.
(1) Time spent in L-2 status does not count against the five or seven-year maximum
period of admission applicable to L-1A and L-1B aliens respectively. An alien
who holds L-2 status (or who previously held L-2 status) and subsequently seeks
to obtain L-1A or L-1B status is eligible for a maximum period of stay of five or
seven years in L-1A or L-1B status respectively.
(2) In the context of any applications for change of status from L-2 to L-1A or L-1B,
adjudicators should consider whether the L-2 alien complied with the
requirements of accompanying or joining the L-1A or L-1B alien, and whether the
alien otherwise maintained valid nonimmigr ant status.
(3) USCIS may limit, deny or revoke on notice any stay for an L-2 dependent that is
not primarily intended for the purpose of being with the principal worker in the
United States, and a spouse or child may be required to show that his requested
stay is not intended to evade the normal requirements of the nonimmigrant
classification that otherwise would apply when the principal alien is absent from
the United States. USCIS (as well as port inspectors and consular officers) may
adjudicate applications for dependent stays in order to prevent an L-1 alien from
using only occasional work visits to the United States in order to “park” the family
members in the United States for extended periods while the principal alien is
normally absent.
4. The AFM Transmittal Memoranda button is revised by adding a new entry, in numerical
order, to read:
AD06-29
[INSERT
SIGNATURE
DATE OF THIS
MEMO]
Chapter 31.2(d), 31.3(g)(14)
and Chapter 32.6(h)
This memorandum revises Chapter 31.2(d) of the
Adjudicator’s Field Manual (AFM) to include
new provisions regarding admission periods for
aliens previously in H-4 status and provisions for
aliens applying for additional periods of
admission beyond the H-1B six year maximum.
It also revises Chapter 31.3(g) to
include
section(g)(14) regarding appropriate of length of
admission for H-1B aliens who have not
exhausted their six-year maximum but have been
absent from the U.S. for more than one year. The
memorandum also revises Chapter 32.6 of the
Adjudicator’s Field Manual (AFM) to include
section (h) regarding decoupling time spent in L-
2 status from L-1 maximum period of stay.
Page 10/11
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