Certain L-1 and H-1 Visa holders and their dependents may be able to recapture time they spent outside of the United States for work or vacation. Immigration laws stipulate that only the time spent inside the United States counts towards your maximum L-1 or H-1 visa stay. This means that when it’s time to request a visa extension, the beneficiary can also ask full days (full 24-hour periods) spent outside of the U.S. be added back to their total maximum period of stay. If the beneficiary’s recapture request is approved, the beneficiary’s dependents’ maximum period of stay is credited with the recaptured time.

This is not an automatic process when submitting for a visa extension, nor is it guaranteed that USCIS will extend the maximum period of stay with all time the beneficiary has claimed to be outside of the U.S. The beneficiary has the burden of proving any time outside of the U.S. during the valid visa period through independent documentation such as plane tickets, passport stamps, I-94 travel history, communications from travel agents and airlines, etc.

If USCIS determines that the burden of proof regarding the beneficiary’s time outside of the U.S. has not been met, then the recapture request will be denied. USCIS does not request additional evidence for recapture of time requests.

It is likely that many L-1 and H-1 visa holders were outside of the U.S. for substantial lengths of time due to COVID travel restrictions. Suppose you currently hold a valid L-1 or H-1 visa and submit a visa extension application. In that case, you should speak with a BridgehouseLaw immigration attorney regarding the possibility of recapturing time outside the U.S.