IN THIS GUIDE · The twelve months abroad are counted against one employer, not one career
Start with the L-1A eligibility and application overview
Count the qualifying year before writing anything else
The requirement is one continuous year of employment abroad with a qualifying organization, falling within the three years immediately before the petition is filed. Ordinary business travel does not interrupt it. A period of employment inside the United States for the same employer does not count toward the twelve months, although it does not by itself destroy a year already completed. A secondment to a legally separate company is the case that actually causes trouble, because the answer depends on who employed the person during it. Resolve that from payroll registers, records of employment and the contract, and resolve it before a filing date is promised to anybody.
The relationship is between the entities, not the people
A qualifying relationship means the two organizations stand as parent and subsidiary, as branch, or as affiliates, and both must be doing business — actively and regularly providing goods or services, not merely existing on a registry. Where the founder holds one company personally and the other corporately, the question becomes whether common ownership and common control genuinely link them. Registry extracts, share registers, shareholders’ resolutions and consolidated accounts answer that. An intention to reorganise, however firmly minuted, answers a different question, and a relationship that will exist after closing is not the relationship on the day of filing.
Managerial and executive describe duties, and the clock runs
L-1A asks whether the person will be primarily managing an organization, a department, a subdivision or an essential function, or acting at executive level; L-1B asks a different question about specialized knowledge of the company’s own product, process or procedure. A senior title on a small team does not settle the first question, and neither does seniority in years. Where the destination is a brand-new office, the initial approval runs one year, and the extension is judged against what the office has actually become. Time in L status is capped at seven years for L-1A and five for L-1B, and it accumulates.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
