Skip to main content

USCIS issues guidance on L-1 one-year foreign employment requirement

  1. Original Date Announced

    November 15, 2018

    USCIS issues a policy memorandum on calculating qualifying employment abroad for L-1 intracompany transferee temporary worker status. Time spent working for a qualifying entity in the U.S. does not count toward the required one year, but the 3-year look-back period is adjusted to start three years before the individual was admitted to the U.S. as a principal beneficiary of an employment-based nonimmigrant petition. However, the 3-year look-back is not adjusted if the work in the U.S. was in a student or dependent (e.g., H-4 or L-2) status, or if the individual worked for an unrelated entity in the U.S. [ID #537]

    Satisfying the L-1 1-Year Foreign Employment Requirement
  2. Effective Date

    November 15, 2018

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Agencies Affected: USCIS


  • Fragomen: USCIS Issues Guidance on L-1 One-Year Foreign Employment Requirement

    This is the first time USCIS has provided comprehensive guidance on how a foreign national can meet the one-year of continuous foreign employment requirement necessary for L-1 status. In the past, the agency offered varying interpretations, sometimes calculating the “one year within three years” requirement from the date of admission to the United States, regardless of what status that admission was in, and sometimes calculating it from the date of the filing of L-1 petition.

    Go to article

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.