New Office L-1: Establishing a U.S. Presence

The One-Year Employment Requirement

To qualify for an L-1 visa, the beneficiary must have been employed by the qualifying foreign entity continuously for at least one full year within the three years immediately preceding the date of the L-1 petition filing.

How the One-Year Requirement Works

Minimum duration	One continuous year of employment
Look-back period:	Within the three years immediately before filing.
Employment type:	Must be full-time employment with the qualifying foreign entity.
Location:	Must have been employed outside the United States during this period
Time in the U.S. on L-1:	Time spent working in the U.S. under a prior L-1 does not count toward the one year
Breaks in service:	Brief authorized leaves (vacation, medical) generally do not break continuity

Common Issues With the One-Year Requirement

If the employee has already been working in the U.S. on L-1 status for several years, the clock on the three-year look-back period does not stop. The one year of qualifying foreign employment must fall within the three years before the original L-1 petition was filed — not before the current extension.

This is a frequently misunderstood point and has resulted in denial of L-1 extensions for beneficiaries who assumed their original qualifying year continued to count indefinitely.

Evidence Required to Prove One Year of Employment

Employment verification letter from the foreign employer confirming dates of employment, title, and duties
Pay stubs, salary records, or payroll documentation from the foreign entity
Tax records or social security contributions filed with the foreign government
Organizational chart showing the employee’s position within the foreign company
Performance reviews, promotion letters, or other HR records

The One-Year Employment Requirement

How the One-Year Requirement Works

Common Issues With the One-Year Requirement

Evidence Required to Prove One Year of Employment

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