Dr. William:

What is the one year abroad requirement for an L-1A visa holder to apply for EB1 multinational executive or manager Green Card application?

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Answer:

The one year of employment abroad must have been in a managerial or executive capacity. The one year of employment may have occurred at any time in the preceding three years. Although the rules do not specify, it is probable that the alien may aggregate his or her employment time abroad with the employer during the three-year period in order to reach the one-year requirement. 

In practice, the issue has not arisen with much frequency because many of the multinational managers and executives who are seeking EB-1 classification are already in the United States as L-1 intra-company transferees and, therefore, they had established that their one-year employment abroad was "continuous." The rules permit an executive or manager who is already in the United States to qualify for immigration in this group, by establishing the required one year of employment abroad in a managerial or executive capacity during the three-year period immediately preceding the alien's transfer to the United States. 

 

 

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