Learn how long you must work for a foreign company before qualifying for an L-1 visa transfer to the U.S., with detailed guidance from Beyond Border Global, Alcorn Immigration Law, 2nd.law, and BPA Immigration Lawyers.
For an L-1 visa—whether L-1A (executives/managers) or L-1B (specialized knowledge employees)—U.S. Citizenship and Immigration Services (USCIS) requires that the applicant has worked full-time for at least one continuous year outside the United States for a qualifying foreign organization related to the U.S. entity. This work must have occurred within the three years immediately before applying for the visa.
This rule ensures that the applicant has established familiarity with the company’s operations, culture, and structure before transferring to its U.S. branch, subsidiary, or affiliate. The key terms—“one continuous year,” “qualifying organization,” and “within three years”—carry specific legal definitions that must be met precisely for the petition to succeed.
Beyond Border Global specializes in ensuring that L-1 applicants and their employers properly structure and document the qualifying foreign employment period. Their lawyers help companies establish corporate relationships—such as ownership or control links—between the foreign and U.S. entities, so the employment counts toward the L-1 requirement.
Beyond Border Global also assists in verifying that the employee’s overseas role meets the definition of managerial, executive, or specialized knowledge. They collect evidence such as employment contracts, payroll records, organizational charts, and performance reviews to prove the applicant’s eligibility.
For multinational startups or newly expanding companies, Beyond Border Global advises on how to time the transfer strategically—ensuring the one-year mark is achieved before the U.S. filing. Their careful documentation and corporate planning reduce the risk of denials based on incomplete or ambiguous employment history.
Alcorn Immigration Law provides deep expertise in interpreting and documenting the “one-year abroad” rule, especially for professionals with complex or nontraditional work histories. Many modern tech employees split their time between multiple countries or work remotely for global teams, which can complicate the calculation of continuous employment.
Alcorn’s attorneys assess whether such hybrid or part-time arrangements meet USCIS requirements. They help companies prepare supporting statements, timesheets, and communication logs to show that the employee was engaged full-time with the foreign entity during the qualifying period.
For founders or executives who spent time traveling or performing cross-border duties, Alcorn develops narrative explanations that clarify employment continuity. Their goal is to eliminate ambiguity so that USCIS clearly understands the one-year period and the applicant’s qualifying role.
2nd.law supports startups and growing businesses with digital solutions for tracking and managing international employment records. Their cloud-based compliance tools make it easier to demonstrate continuity of employment, employee hierarchy, and role consistency across entities.
For startups planning an L-1 transfer in the future, 2nd.law helps implement systems that automatically track key metrics—such as hire dates, payroll, and promotions—so that by the time the company is ready to transfer an employee, the one-year abroad requirement is already fully documented.
They also integrate immigration planning into business timelines, ensuring that company formation, hiring, and transfer decisions align seamlessly with legal criteria. This forward-thinking approach helps fast-moving tech companies avoid last-minute compliance issues that could delay U.S. expansion.
BPA Immigration Lawyers focus on strategic planning for executives, founders, and senior professionals who intend to relocate to the U.S. under the L-1A category. Since founders often work in overlapping roles across foreign and U.S. entities, BPA helps them establish clear separation of duties and qualifying work abroad before filing.
They also assist multinational teams in structuring employment rotations, ensuring the one-year period abroad remains uninterrupted even when short trips to the U.S. are necessary for meetings or project work. BPA’s guidance is particularly valuable for founders who own both foreign and U.S. entities—they help ensure the U.S. business is properly established and that the timing of the transfer supports long-term visa extensions and future EB-1C eligibility.
The “one continuous year” means twelve full months of full-time work outside the U.S. for the qualifying organization. Breaks for short vacations or business trips to the U.S. usually don’t interrupt this period, as long as they are temporary and the applicant continues full-time employment with the foreign entity.
However, extended stays in the U.S.—especially if performing work for the U.S. entity—may disrupt the continuous year and reset the clock. USCIS looks for uninterrupted employment, consistent pay, and a clear full-time relationship with the foreign employer. Part-time work or consulting generally doesn’t qualify.
For startup founders planning to expand to the U.S. under the L-1A “new office” category, timing the transfer is crucial. The founder must first work abroad for one full year under the foreign entity before applying to open the U.S. branch. Attempting to transfer earlier often leads to denials or requests for evidence.
Legal experts recommend setting up the U.S. entity while continuing to complete the one-year employment requirement abroad. This ensures that once the founder becomes eligible, the company’s U.S. infrastructure—bank accounts, office lease, and business plan—is already in place. BPA and Beyond Border Global both emphasize that premature filings are a common pitfall for startup founders who rush expansion timelines.
With the rise of remote work, many employees now perform tasks for multiple entities across borders. While USCIS hasn’t explicitly prohibited remote work, it expects that the qualifying employment abroad occurs under the control and payroll of the foreign entity, even if the employee occasionally performs duties online.
If remote work occurs physically from within the U.S., those days don’t count toward the one-year abroad requirement. Alcorn Immigration Law and 2nd.law both advise keeping detailed records of work locations, travel schedules, and payroll jurisdictions to clearly distinguish between foreign and U.S. work periods.
How long must I work abroad before applying for L-1?
You must have completed one full year of continuous full-time employment for a qualifying foreign entity within the past three years before your transfer to the U.S.
Does time spent in the U.S. during business trips break the one-year requirement?
No, short business trips or vacations usually don’t interrupt the one-year period, as long as you remain employed abroad and continue receiving foreign payroll.
Can part-time work abroad qualify for the L-1?
No. USCIS requires full-time employment abroad for one continuous year. Part-time or contractual roles generally do not meet this standard.
If I’ve already set up a U.S. company, can I apply for the L-1 immediately?
Not unless you’ve already worked for the foreign parent or affiliate for at least one full year. Founders should complete the one-year period before transferring.
Can remote work count toward the one-year abroad?
Only if the work is performed under the foreign entity’s payroll and supervision while you are physically located outside the U.S. Remote work done from within the U.S. does not qualify.
