Last reviewed October 7, 2026 · By the NYBACS advisory team
Short answer
At least one continuous year. The employee must have worked full-time for the related foreign company, physically outside the United States, for one continuous year within the three years before the L-1 petition is filed, in a managerial, executive or specialized knowledge role. Short business or tourist trips to the US do not break the year but do not count toward it, so the days spent in the US must be made up abroad.
Key takeaways
- The one-year requirement is measured on the date the initial L-1 petition is filed, not the date of the visa interview or travel.
- Only time physically outside the US counts, even if the foreign company kept paying the employee while they were in the US.
- Brief B-1/B-2 visits pause the clock: if an employee spent 60 days in the US during the year, they need 60 more days of qualifying work abroad.
- Time working in the US for a related company on an employment-based visa such as H-1B does not count toward the year, but it extends the three-year look-back window.
- The year must be full-time and in a qualifying capacity; part-time work or non-qualifying junior roles do not satisfy it.
The rule in plain terms
The regulation requires at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition. Four points drive almost every calculation:
- Continuous. The year must be unbroken; two separate six-month stints do not combine.
- Full-time. Part-time or occasional work is not enough.
- Abroad. Time physically in the US never counts toward the year.
- Qualifying. The work must have been managerial, executive or specialized knowledge, with the qualifying organization or a related parent, branch, subsidiary or affiliate.
It does not need to be the most recent year. Someone who worked abroad for 18 months, then spent time elsewhere, can still qualify if that continuous year falls inside the three-year window — subject to the rules on breaks below. For extension petitions, and for changes between L-1A and L-1B, the year is assessed as of the initial petition, so it is not re-tested later.
How US visits and US work change the count
USCIS distinguishes three kinds of time spent in the United States:
| Time in the US | Effect on the one year abroad | Effect on the three-year window |
|---|---|---|
| Brief B-1/B-2 business or tourist trips | Does not break continuity, but those days are subtracted and must be made up | No adjustment |
| Working for a related company as the principal on an employment-based visa (e.g., H-1B, E-2 employee) | Does not count toward the year | The three-year look-back is extended by that period |
| Dependent status (e.g., L-2), study (F-1, including OPT), work for an unrelated employer, or not working | Interrupts continuity | No adjustment |
USCIS's own worked example: an employee hired abroad on January 1, 2016 who spent 60 days in the US that year on business trips needed at least 60 additional days of qualifying work abroad after January 1, 2017. A break of more than two years in employment with the qualifying organization during the three-year window makes the requirement impossible to meet until a new continuous year is built up abroad.
Situations that cause trouble
- Recently hired executives. A senior hire brought in specifically to lead US expansion often has fewer than 12 months with the company. Filing early risks denial; waiting until the year is complete — and counting carefully — is safer.
- Founders paid irregularly. An owner who drew dividends rather than salary, or who was not on local payroll, may struggle to prove "employment". Formalizing the employment relationship abroad well before filing helps.
- Contractors abroad. Workers engaged through a staffing agency or as freelancers may not be treated as employed by the qualifying organization.
- Frequent US travellers. Sales leaders who spend weeks each quarter at US customers can see their year stretched well beyond 12 calendar months once US days are subtracted.
- Group transfers between countries. Time with a related company in a third country can count, provided that company is also a qualifying organization.
How to document the year
Evidence should prove each element — employment, full-time, abroad and capacity:
- Offer or appointment letter and any promotion letters, with dates.
- Monthly payslips for the whole period, ideally matched to bank credits.
- Local payroll tax, social security or provident fund filings naming the employee.
- Organization charts from the period showing the role and reporting lines.
- A day-by-day travel log covering the three-year window, cross-checked against passport stamps and the employee's online I-94 travel history.
- For specialized knowledge, training records and project assignments during the year.
Building the travel log early lets the attorney calculate the earliest safe filing date rather than discovering a shortfall after filing.
Related one-year rules worth knowing
The EB-1C multinational manager green card has a similar test: one year of qualifying employment abroad in the three years before the immigrant petition, or before the most recent nonimmigrant admission if the person is already working in the US for the petitioning employer. For blanket L cases, the same one-year rule applies to individual employees; an older six-month shortcut for blanket beneficiaries no longer applies to new petitions.
Common mistakes to avoid
- Counting calendar months from the hire date without subtracting days spent on US business trips.
- Counting months during which the employee was working in the US, even though the foreign company paid them.
- Filing the petition a few weeks before the year is complete, on the assumption that it will be complete by the interview.
- Relying on a founder's shareholding as proof of employment without payroll or tax evidence.
- Assuming time on L-2 or F-1 OPT with a related company extends the three-year look-back.
Documents and records to prepare
- Appointment letter and any promotion or transfer letters from the foreign employer
- Payslips and bank credits covering at least 12 continuous months
- Local payroll tax and social security filings showing the employee
- Foreign organization chart for the period, showing the employee's role
- Travel log for the three-year look-back with passport copies and I-94 travel history
NYBACS 360° support
How NYBACS helps
- Reconstructs a dated travel and employment timeline from payroll, bank and travel records for your attorney to calculate the qualifying year.
- Coordinates with the foreign company's payroll provider or accountants to obtain payslips and statutory filings in usable form.
- Helps founder-owners formalize employment and payroll abroad well ahead of a planned transfer.
- Keeps the employment evidence consistent with the organization charts and job descriptions used elsewhere in the petition.
Frequently Asked Questions
Does the year have to be the 12 months immediately before filing?
No. Any continuous year of qualifying employment within the three years before filing can work, as long as there has not been a disqualifying break of more than two years in employment with the qualifying organization.
Do remote-working periods count if the employee lived abroad?
Time spent physically outside the US working full-time for the qualifying organization can count, wherever the employee was based. Time spent working remotely from inside the US does not.
Can probation or training periods count?
They can count toward the year if the employee was employed full-time by the qualifying organization. Whether the work during that time was managerial, executive or specialized knowledge is a separate question that counsel will assess.
What if the employee previously held L-1 status?
Time in the US in L-1 status does not count toward a new year abroad. If the person has reached the 5- or 7-year L/H maximum, they generally must spend a full year residing outside the US before a new petition can be approved.
