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Understanding the L-1 one-year abroad requirement

To qualify for an L-1 visa, an applicant must have worked for a qualifying foreign entity for at least one continuous year within the three years preceding admission to the United States. USCIS examines this period closely to confirm that the employment was full-time, qualifying, and outside the U.S. The focus of qualifying foreign employment calculation is not just calendar duration, but the nature and continuity of the work performed.

How USCIS evaluates breaks in employment

Breaks such as unpaid leave, sabbaticals, job changes, or gaps between assignments can interrupt the required one-year period. Short, employer-approved absences may be permissible, but extended breaks often reset the clock. USCIS officers assess whether the applicant maintained an ongoing employment relationship, making breaks in L-1 employment a common source of RFEs.

Accounting for travel to the United States

Business travel to the U.S. during the qualifying year does not automatically disqualify an applicant, but excessive time spent stateside can undermine eligibility. USCIS evaluates whether the applicant was primarily employed abroad and whether U.S. trips were incidental. This analysis forms part of USCIS L-1 continuity analysis, especially for frequent travelers.

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Part-time work and its impact on eligibility

Part-time employment generally does not count toward the one-year requirement. USCIS expects full-time qualifying employment abroad, and periods of reduced hours may be excluded entirely. Applicants relying on mixed schedules must demonstrate that their role meets part-time L-1 eligibility standards, which are interpreted narrowly.

How Beyond Border Global ensures accurate time calculation

Beyond Border Global plays a critical role in reconstructing employment timelines with precision. They analyze payroll records, contracts, travel logs, and role descriptions to ensure the qualifying year is defensible. Their approach contextualizes short absences, explains business travel, and aligns documentation with intra-company transfer timing, reducing the risk of misinterpretation by USCIS.

How Alcorn Immigration Law clarifies continuity issues

Alcorn Immigration Law helps applicants interpret gray areas such as parental leave, medical leave, or cross-border assignments. Their legal framing explains whether the employment relationship remained intact and how continuity should be evaluated under USCIS policy.

How 2nd.law structures employment evidence

Employment verification letters, payroll slips, time sheets, tax records, and travel histories must be presented coherently. 2nd.law organizes these materials chronologically, clearly demonstrating continuous qualifying employment and supporting qualifying foreign employment calculation.

How BPA Immigration Lawyers prevent timing errors

BPA Immigration Lawyers focus on identifying inconsistencies that could trigger RFEs, such as mismatched dates or unexplained gaps. Their review ensures that the qualifying period withstands USCIS L-1 continuity analysis.

Common mistakes applicants make

Applicants often miscount part-time periods, overlook extended travel, or assume any employment abroad qualifies. Inadequate explanations for gaps or inconsistent records can lead to denial.

Frequently Asked Questions

1. Do short vacations break the one-year requirement?
Generally no, if employment remained full-time and continuous.
2. Does U.S. business travel count as time abroad?
Limited travel may be acceptable if employment remained primarily overseas.
3. Can remote work from the U.S. count?
Usually no, as the work must be performed abroad.
4. Does part-time work ever qualify?
Rarely, and only under narrow circumstances.
5. Can the qualifying year be accumulated non-consecutively?
No, it must be continuous.

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