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The L-1 visa is a valuable option for international companies looking to transfer employees from their foreign offices to the United States. It enables key staff—such as executives, managers, or specialized knowledge professionals—to work for a related U.S. entity under the same company group.
However, one of the most important eligibility requirements for the L-1 visa is the duration of prior employment with the foreign branch, subsidiary, or affiliate. Understanding how long you must work abroad—and under what conditions—will determine your eligibility to apply for the L-1 visa.
What Is the L-1 Visa?
The L-1 visa is a non-immigrant work visa for employees transferring from a company’s foreign office to its U.S. office. There are two main types:
• L-1A Visa – for executives and managers.
• L-1B Visa – for employees with specialized knowledge.
This visa allows multinational companies to move qualified employees to the U.S. to help establish, expand, or manage business operations.
The One-Year Foreign Employment Requirement
To qualify for an L-1 visa, you must have worked for the foreign branch, subsidiary, parent company, or affiliate for at least one continuous year within the three years preceding your application.
This rule applies to both L-1A and L-1B applicants.
Key conditions include:
• The employment must have been full-time, not part-time.
• The work must have been completed outside the United States.
• The one year must be continuous—short breaks such as annual leave are acceptable, but any extended gaps can affect eligibility.
• The qualifying employment must have been with the same company group (parent, branch, affiliate, or subsidiary) that is transferring you to the U.S.
For example, if you worked at your company’s London branch for 14 months and are now being transferred to its New York office, you meet the one-year requirement.
The Three-Year Lookback Period Explained
The three-year lookback period means you must have worked for the qualifying foreign employer for one full year during the three years immediately before filing the L-1 petition.
This rule ensures that:
• Your employment relationship is recent and relevant.
• The U.S. and foreign entities remain connected under common ownership or control.
If you are already in the U.S. under another visa (such as an H-1B), USCIS counts back three years from the date you last entered the U.S. or the date the petition was filed, depending on your circumstances.
Qualifying Relationship Between Companies
To be eligible, the U.S. and foreign entities must share a qualifying corporate relationship, such as:
• Parent and subsidiary
• Branch and headquarters
• Affiliates under common ownership
USCIS requires clear evidence of this relationship—such as ownership documents, organizational charts, and tax filings.
Work That Counts Toward the One-Year Requirement
The qualifying work abroad must meet specific criteria:
• L-1A applicants (Executives or Managers):?You must have been performing senior-level duties involving supervision, authority, and decision-making.
• L-1B applicants (Specialized Knowledge employees):?You must have applied specialized company knowledge or proprietary expertise essential to business operations.
Administrative or purely entry-level roles do not typically meet L-1 standards.
Exceptions and Important Considerations
1 Part-time work cannot be combined to meet the one-year full-time requirement.
2 Multiple foreign offices: The year of employment can include time spent at multiple company locations abroad, as long as they are all under the same qualifying organization.
3 Employment gaps: Short personal or business trips to the U.S. usually do not break the “continuous” employment rule, provided you remained employed abroad.
4 New office petitions: If you are sent to the U.S. to establish a new branch, your foreign company must continue operations abroad during your U.S. stay.
Key Tips for Applicants
• Keep employment records, pay slips, and assignment letters as evidence of your one-year qualifying period.
• Confirm that your foreign and U.S. entities have the required ownership structure before filing.
• If your time abroad was interrupted, review your dates carefully to ensure a continuous 12-month period.
• Always file the petition before the three-year window expires.
Sources
• U.S. Citizenship and Immigration Services (USCIS) – L-1 Intracompany Transferee Visa
November 22, 2025
