The L-1 visa is designed to let companies transfer employees from their operations abroad to work in the United States. However, before filing a petition, there are strict qualifications that must be met. One of the most important is the one-year continuous employment rule.
Table of Contents
- What is the L-1 Visa?
- The One-Year Rule Explained
- Time Spent in the U.S. May Not Count
- What Breaks the Continuity?
- A Real USCIS Case Example
- How to Stay Eligible
- Final Thoughts
1. What is the L-1 Visa?
The L-1 visa allows U.S. companies to bring employees from affiliated foreign offices to the U.S. It includes:
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L-1A: for executives and managers
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L-1B: for employees with specialized knowledge
To be eligible, the applicant must have worked for the same employer or a related entity abroad for at least one year within the past three years.
2. The One-Year Rule Explained
This rule requires:
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At least 12 months of full-time employment abroad
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For a qualifying company
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Within 3 years before the L-1 petition is filed
This year must be continuous, and it must be completed before applying for L-1 status.
3. Time Spent in the U.S. May Not Count
If the applicant enters the U.S. during the 3-year period before filing, time spent in the United States generally does not count toward the one-year employment requirement unless:
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The person was in a valid work-authorized status (such as an existing L-1 or H-1B visa), and
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Working for the same qualifying employer
If the person was in the U.S. in a visitor status like B-2, that time does not count, and breaks the continuous work timeline.
4. What Breaks the Continuity?
Employment is not considered continuous if:
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The applicant was not working for the foreign company
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They were in the U.S. without work authorization
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They remained in the U.S. for more than two years without resuming work abroad
Even if an earlier L-1 petition was filed during that time, it does not restore eligibility if it was denied, and the applicant did not go back abroad to continue working.
5. A Real USCIS Case Example
<p”>In a December 2022 USCIS decision, a company filed an L-1A petition for a manager who had entered the U.S. on a B-2 tourist visa in 2019 and stayed.
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The applicant has not worked abroad since March 2019
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A petition was filed in April 2021, more than two years later
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An earlier L-1 petition filed in 2020 had been denied
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The applicant never resumed employment abroad after entering the U.S.
USCIS ruled that the applicant did not meet the one-year requirement, as the two-year break in foreign employment made him ineligible.
6. How to Stay Eligible
To avoid denial, here are some best practices:
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Track your time abroad and make sure it adds up to one full year of continuous work
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File the L-1 petition within three years of completing that year
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Avoid staying in the U.S. for long periods without resuming foreign employment
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If your petition is denied, consider returning abroad to re-establish eligibility
7. Final Thoughts
The one-year continuous employment requirement is not flexible. Time in the U.S. without valid work authorization breaks the timeline, and denied petitions do not hold your place. If you are unsure about your timeline or status, consult with a qualified U.S. immigration lawyer before applying.
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