• Insights

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

November 29, 2018

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • USCIS has not previously provided comprehensive guidance on how the three-year period is defined for purposes of determining whether a foreign national has met the “one-year within three-year” abroad employment requirement for L-1 nonimmigrant status.
  • Periods of time in the U.S. not working, working for an unrelated employer, attending school or working in dependent status could limit or delay a foreign national’s eligibility for L-1 status.   

A closer look

U.S. Immigration and Citizenship Services (USCIS) today issued a policy memorandum, effective immediately, providing guidance on how it will calculate qualifying employment abroad when adjudicating a foreign national’s eligibility for L-1 intracompany transferee temporary worker status.  With limited exceptions, an L-1 applicant must now be employed abroad by a qualifying L organization for one continuous year within the three years before the filing of the employer’s initial L-1 petition. 

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. 

Key points in the guidance

The key elements of the new interpretation follow:

  • Qualifying employment abroad: The L-1 beneficiary must be physically outside the United States during the required one continuous year of employment, except for brief trips to the United States for business or pleasure.
  • Brief U.S. trips for business or pleasure during qualifying employment period: While brief trips to the U.S. for business or pleasure do not interrupt the one continuous year of abroad employment, these trips will toll the one year clock, adding time that must continue to be spent in qualifying employment abroad. The memo appears to identify only trips in B-1 or B-2 status as non-interruptive of the one-year continuity; it is unclear how brief trips in other types of status with the L employer during the qualifying period might be treated with respect to continuity.
  • Nonimmigrants in U.S. as principal beneficiary of employment-based petition: Time spent in the U.S. by a foreign national as the principal beneficiary of an employment-based nonimmigrant petition for a qualifying L employer will be treated differently for determining whether the foreign national has met the one-year foreign employment requirement. In these instances, USCIS will look to the date upon which the foreign national was initially admitted to work for the qualifying organization rather than the date of the L-1 petition filing.
  • Nonimmigrant dependents and students employed in the U.S: Periods of employment with the L qualifying organization in the U.S. as a dependent or student will not result in an adjustment of the three-year period for the purposes of determining whether the foreign national has met the one-year continuous foreign employment requirement. The dependent or student must have had the qualifying foreign employment within three years of the initial L petition filing.
  • Periods of unemployment or employment unrelated to L employer: Periods of time in the U.S. not working, or working for an unrelated employer will not result in an adjustment of the qualifying L three-year period during which the foreign national must have been continuously employed for one year abroad. The foreign worker must have had the qualifying foreign employment within three years of the initial L petition filing.​

What this means for employers and foreign nationals

Because the new policy guidance may delay L-1 eligibility for some potential transferees, a foreign national’s time abroad must be carefully calculated before applying for L-1 status.  This means an L-1 employer must keep track of a worker’s brief visits to the United States during employment abroad.  For foreign nationals already in the United States, the L-1 employer should confirm that the amount of time they have been in the United States or the status they have been in does not preclude them from L-1 sponsorship. 

Fragomen will monitor the implementation of the policy guidance and provide updates as appropriate.

The policy change is effective immediately. If your organization has questions about its impact, please contact the immigration professional with whom you work at Fragomen.  This alert is for informational purposes only.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Article

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Fragomen on immigration

Business Immigration After the Midterms (Part 1): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Media mentions

Business Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.

Counsel Brian Hunt said employers quickly sought clarity after a USCIS memo on green card adjustment of status raised questions about immigration timelines, work continuity and travel planning.

Learn more

Awards

Fragomen named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia

Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.

Learn more

Media mentions

USA Today: USCIS Green Card Announcement Spurs Confusion. What to Know

Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.

Learn more

Article

Commonwealth Games 2026 Travel Planning: UK ETA Rules for Teams and Fans

Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.

Learn more

Media mentions

The Associated Press: Trump’s Latest Immigration Move Clouds the Path to Green Cards

Partner Kevin Miner discusses the expected impact of new USCIS green card guidance on employment-based immigration, noting dual-intent visa cases would likely continue under business as usual with no significant impact.

Learn more

Media mentions

The Wall Street Journal: What to Know About the Trump Administration’s New Green Card Policy

Partner K. Edward Raleigh discusses a recent USCIS memo that appears to signal greater caution in how adjudicators assess adjustment of status cases rather than establishing a new legal standard.

Learn more

Fragomen news

2026年5月 アメリカ移民法ダイジェストLearn more

Video

Germany Health Insurance Requirements for Visas: What You Need to Know

Senior Manager Sumejja Handzo outlines Germany’s health insurance requirements for visas and residence permits, including coverage options, documentation considerations and key compliance requirements for foreign nationals relocating to Germany.

Learn more

Media mentions

ABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?

Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

Learn more

Article

EU Inc. Signals a Shift: Why Immigration Will Matter to Europe’s New Corporate Agenda 

Knowledge Management Director Ana Sofia Walsh and Senior Client Engagement Manager Soraya Driessen examine the European Commission’s EU Inc. proposal and its potential to reshape corporate structures across the EU, highlighting the resulting complexities and unresolved questions for immigration, work authorization and cross-border workforce mobility.

Learn more

Media mentions

The National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages

Partner Ali Haider discussed how flexible residency pathways, strong infrastructure and access to healthcare are continuing to drive interest among retirees looking to relocate to the UAE.

Learn more

Fragomen on immigration

Business Immigration After the Midterms (Part 1): What to Expect No Matter What

Partner K. Edward Raleigh analyzes how post‑midterm US business immigration will shift toward heightened enforcement, worker‑protection scrutiny and cross‑agency oversight, urging employers to align hiring practices, sponsorship decisions and documentation with consistent, defensible workforce strategies.

Learn more

Media mentions

Business Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.

Counsel Brian Hunt said employers quickly sought clarity after a USCIS memo on green card adjustment of status raised questions about immigration timelines, work continuity and travel planning.

Learn more

Awards

Fragomen named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia

Fragomen is named “Law Firm of the Year” for Immigration Law by Best Law Firms™ - Australia and receives National and Regional Tier 1 rankings in Immigration Law.

Learn more

Media mentions

USA Today: USCIS Green Card Announcement Spurs Confusion. What to Know

Partner Parisa Karaahmet discusses the broad application of a USCIS memo to adjustment of status applicants and notes that H- and L-visa holders may have a somewhat easier burden in demonstrating factors that support favorable discretion.

Learn more

Article

Commonwealth Games 2026 Travel Planning: UK ETA Rules for Teams and Fans

Senior Manager Alice Spaull and Associate Stephanie Fitton examine the evolving UK immigration and Electronic Travel Authorisation (ETA) requirements for athletes, their support teams and associated guests attending the Commonwealth Games 2026, highlighting key compliance risks and the importance of early travel planning.

Learn more

Media mentions

The Associated Press: Trump’s Latest Immigration Move Clouds the Path to Green Cards

Partner Kevin Miner discusses the expected impact of new USCIS green card guidance on employment-based immigration, noting dual-intent visa cases would likely continue under business as usual with no significant impact.

Learn more

Media mentions

The Wall Street Journal: What to Know About the Trump Administration’s New Green Card Policy

Partner K. Edward Raleigh discusses a recent USCIS memo that appears to signal greater caution in how adjudicators assess adjustment of status cases rather than establishing a new legal standard.

Learn more

Fragomen news

2026年5月 アメリカ移民法ダイジェストLearn more

Video

Germany Health Insurance Requirements for Visas: What You Need to Know

Senior Manager Sumejja Handzo outlines Germany’s health insurance requirements for visas and residence permits, including coverage options, documentation considerations and key compliance requirements for foreign nationals relocating to Germany.

Learn more

Media mentions

ABA Journal: Will US Immigration Policies Create ‘Chilling Effect’ on World Cup?

Partner Daniel Schwarz highlights how US visa appointment backlogs and limited availability for B visas are shaping international travel planning for the upcoming World Cup.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
May 28, 2026 | United StatesBusiness Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.
May 29, 2026 | BermudaBermuda: New Work Permit Policy to Prolong Processing Times
May 29, 2026 | FranceFrance: EU Blue Card Rules Relaxed
May 29, 2026 | IrelandIreland: Occupation Lists Changes Published,“50:50” Rule Modification Proposed
May 29, 2026 | United Arab EmiratesThe National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages
May 28, 2026 | United StatesBusiness Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.
May 29, 2026 | BermudaBermuda: New Work Permit Policy to Prolong Processing Times
May 29, 2026 | FranceFrance: EU Blue Card Rules Relaxed
May 29, 2026 | IrelandIreland: Occupation Lists Changes Published,“50:50” Rule Modification Proposed
May 29, 2026 | United Arab EmiratesThe National: Companionship Scheme Addresses Loneliness Among Elderly as UAE Population Ages
May 28, 2026 | United StatesBusiness Insider: Trump’s Green Card Memo Dropped Before a Holiday Weekend. Immigration Lawyers Say Clients Panicked.
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.