Learn foreign work requirements for EB-1C green cards. Understand the one-year rule, continuous employment, timing strategies, and qualification periods.
Understanding the One Year Rule
The fundamental work abroad before EB-1C requirement is straightforward - you must have worked for the foreign entity for at least one continuous year in the three years preceding your EB-1C petition filing. This one year must be in a managerial or executive capacity, not as a regular employee or technical contributor. USCIS requires this foreign work experience to ensure you have genuine multinational executive experience rather than simply using the EB-1C category as an immigration shortcut.
The one year doesn't need to be immediately before filing your petition. It can occur at any point within the three years before application. For example, if you worked as an executive for your foreign company from January 2023 to January 2024, you could file EB-1C anytime before January 2027 (three years after your qualifying period ended). This flexibility helps founders who need time to establish US operations before formally applying for permanent residence.
However, the work must have been with the same employer that has a qualifying relationship with your US entity. You can't work for a completely unrelated foreign company for one year, then start a new US company and claim EB-1C eligibility. The foreign employment must be with the entity that maintains parent, subsidiary, affiliate, or branch relationship with your US company. This requirement ensures the multinational character of the EB-1C one year requirement classification at USCIS.
Calculating your qualifying foreign work period? Beyond Border helps you determine if you meet the one-year requirement.
The continuous work requirement EB-1C means you need one uninterrupted year of qualifying employment. Normal vacation time, sick leave, and brief business travel don't break continuity. If you worked for your foreign company as an executive for 12 months but took two weeks of vacation during that period, you've still met the continuous employment requirement. The expectation is reasonable time off that any employee takes, not that you work every single day for 365 days straight.
However, extended absences can disrupt the continuous employment requirement. If you took a three-month unpaid sabbatical in the middle of your one-year period, USCIS might not count that as continuous employment. You'd need to work one year of actual employment time, potentially requiring 15 months of calendar time if you had a three-month gap. Similarly, if you were laid off or left your position for two months then returned, the gap would reset your continuous employment clock.
Business trips to the US or other countries don't break continuity as long as you maintain your primary employment with the foreign entity. Many executives travel frequently for business. These trips are normal and expected. As long as you remain employed by your foreign company, maintain your executive role there, and your trips are reasonable business travel rather than living primarily in another country, your continuous employment remains intact. Document your foreign employment through pay stubs, employment letters, and proof that your primary work location remained at the foreign entity.
Questions about whether employment gaps affect your qualifying period? Beyond Border analyzes your work history for EB-1C eligibility.
Your foreign employment duration EB-1C must be in managerial or executive capacity specifically. Time working in other roles doesn't count toward the one-year requirement. If you worked at your foreign company for five years but only served as an executive for the most recent eight months, you don't meet the requirement yet. You need to complete the full one year in executive or managerial capacity before qualifying for EB-1C.
Executive capacity means you direct the management of the organization or a major component. You make decisions about company direction, goals, and policies. You exercise authority over daily operations. You're not primarily performing tasks that operational staff would handle. Your role focuses on high-level management and strategic direction. Typical executive positions include CEO, President, CFO, COO, or senior vice presidents with significant authority at USCIS.
Managerial capacity means you manage the organization, a department, function, or subordinate professional employees. You supervise and control the work of other supervisory, professional, or managerial employees. Alternatively, you manage an essential function of the organization. You have authority to hire and fire or recommend personnel actions. You exercise discretion over daily operations. The key is managing people or critical functions, not doing technical work yourself even if you have impressive job titles.
Unsure if your role qualifies as executive or managerial? Beyond Border evaluates your job duties to determine EB-1C eligibility.
The three year lookback period provides flexibility for timing your EB-1C application. You don't need to be currently working abroad when you file. You can work in the US on L-1A status and file EB-1C at any point, as long as your one year of qualifying foreign employment occurred within the three years before filing. This window gives you time to establish US operations and build evidence of substantial business activity before pursuing permanent residence.
Strategic founders use this flexibility intelligently. Work for your foreign company as executive for one year, establishing your qualifying period. Then transfer to the US on L-1A to build the American subsidiary. Spend your first year in the US focused on business growth - hiring employees, acquiring customers, generating revenue. File EB-1C after your US office demonstrates success, while still within three years of completing your foreign employment. This approach presents USCIS with strong evidence of both qualifying foreign work and successful US operations.
If your foreign employment period ended more than three years ago, you face problems. You'd need to return to your foreign company and work there as an executive for another year to establish a new qualifying period. This situation arises occasionally when founders transfer to the US, spend multiple years building operations, then discover they missed the EB-1C window. They must choose between returning abroad temporarily to requalify or pursuing different green card categories. Planning ahead avoids this predicament by filing EB-1C within the three-year window.
Approaching the end of your three-year window? Beyond Border helps you file EB-1C before the qualifying period expires.
The qualifying period EB-1C calculation can overlap with short US visits without disqualifying you. Many executives visit the US on business trips while working for their foreign companies. These trips to attend meetings, meet with investors, scout locations, or conduct business development are normal and don't count against your foreign employment requirement. As long as your primary employment remains with the foreign company and you're working from abroad most of the time, brief US visits are acceptable.
However, be careful about extended US stays while trying to accumulate your qualifying year abroad. If you spent six months of your "foreign employment year" actually living and working in the US, USCIS might question whether you truly worked abroad for one year. The law requires you to be employed abroad, not just employed by a foreign company while physically present in America. Document where you actually worked during your qualifying period through travel records, foreign apartment leases, or other evidence proving your work location.
Some executives work remotely from multiple countries during their qualifying period. Perhaps you worked from your home country for six months, traveled through Europe working remotely for three months, then spent three months working from Asia. As long as all this work was for your foreign company in executive capacity and didn't involve extended US presence, it should count toward your one year. The focus is on who you worked for and in what capacity, not which specific country you were physically located in, though extended US time creates complications at USCIS.
Managing international travel during your qualifying period? Beyond Border advises on maintaining EB-1C eligibility while traveling.
Proving your work abroad before EB-1C requires substantial documentation. Start with employment letters from your foreign company confirming your position, duties, and employment dates. The letter should clearly state you worked as executive or manager (specify which) from specific start and end dates. Include detailed job descriptions outlining your executive or managerial responsibilities. Vague letters stating you worked in "senior position" don't adequately prove executive capacity.
Gather payroll records showing continuous payment during your qualifying period. Foreign tax returns demonstrating income from the foreign company during those years. Organizational charts showing your position in the company hierarchy. Corporate documents like board resolutions appointing you to executive roles. Evidence of the strategic decisions you made or business functions you directed. The more documentation you provide, the stronger your case for meeting the one-year requirement.
If you traveled frequently during your qualifying period, include evidence proving you maintained primary foreign employment despite travel. This might include foreign apartment leases, utility bills showing foreign residence, travel records proving trips to US were brief business visits, or statements from colleagues confirming your work location. For executives dividing time between countries, clear documentation of work arrangements and primary employment location becomes especially important for USCIS adjudication.
Need help documenting your foreign employment period? Beyond Border prepares comprehensive evidence packages proving EB-1C qualifying work.
How long must I work abroad before filing EB-1C? You must work for your foreign entity in executive or managerial capacity for at least one continuous year within the three years before filing your EB-1C petition.
Can I file EB-1C while working in the US? Yes, you can file EB-1C while in the US on L-1A status as long as you completed one year of qualifying foreign work within the past three years.
Do vacation days break the continuous employment requirement? No, normal vacation time, sick leave, and brief business travel don't break continuity for EB-1C purposes, only extended absences or employment gaps.
Does all foreign work count toward the one year requirement? No, only time working specifically in executive or managerial capacity counts, not employment in other roles even at the same company.
