How long can a person legally remain in the U.S. in the same nonimmigrant visa classification?
While the duration for which one may remain in the U.S. is governed by the I-94 card as explained in the foregoing How do I know if I am lawfully present in the U.S. section, the US CIS imposes caps on the total amount of time one may spend in the same nonimmigrant visa classification based on congressionally mandated time limits. Some overall time limits include, but are not limited to: • H-1B – 6 years; • J-1 – category specific (see J-1 under Overview of Most Common Nonimmigrant Visas) • L-1A – 7 years; • L-1B – 5 years; • O-1 – No overall limit; • P-1 – 10 years (individual), 1 year (team); • P-2/3 – 1 year; • R-1 – 5 years. Several of the above overall time limits include limitation on combinations of statuses including, but not limited to time spent in various H and L visa classifications. It is recommended that you consult a licensed immigration attorney with questions regarding combined time limits and their impact on your eligibility for extension of stay or change of status.
