Law Offices of Chris M. Ingram

    L1-A One Year in Last Three Rule

    This is a very important rule to remember. It’s very common for an L1 candidate to work with a company, leave for a while and then come back, for example, career break, maternity leave and so forth.  The L1 visa provisions cater for this, but there are limits. The beneficiary must have been employed for at least one year continuously by the petitioning employer within the past three years.

    For example, Let’s say John, a senior manager with Michael Motors left two years ago after five years of service. Michael Motors decides to open up a branch in the US and re-hires John to head up that branch. John would satisfy the one-year in three rule  because during the last three years John had held a senior position with Michael Motors for at least one year during that time.  Thus, John could be petitioned for an L visa.

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    If a beneficiary has only been employed by the company a little over one year, then we need to examine whether the beneficiary had spent any time in the US. Any time spent in the US lasting longer than 30 days could not be counted towards the one-year qualifying period.

    For example, Let’s say Marcus, a senior Analyst with PC Systems International (PCSI) has been employed by PCSI for 14 months. During the first three months of his employment Marcus had been sent to the US branch on a fact-finding mission. In this case, Marcus would not satisfy the one in three rule as he would have only spent 11 months outside of the US. The L1 petition would have to be delayed for one more month before being submitted.

    If an employee is fired and re-hired within a very short period, for example up to 16 days, this would not be regarded as a meaningful interruption in service.  In other words, if the company wanted to petition that employee for an L visa the employee would not have to serve another continuous year with the company. Also, if the employee had served longer than a year in the previous three years then the employee may qualify in that way if the recent break was longer than 16 days.

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    Select Your Chapters Here

    1 – Managers, Executives & Specialists
    2 – The One Year Within Last Three Rule
    3 – Start Up or Existing US Branch
    4 – Temporary Intent vs. Dual Intent Rule
    5 – Duration of L Visas
    6 – Petitions Denied, Revoked or Withdrawn
    7 – Continuing to do Business in Home Country
    8 – Parent, Branch, Subsidiary and Affiliate
    9 – Employment vs. Source of Paycheck
    10 – Full-time/Part-time L1
    11 – Managerial, Executive or Specialist Duties
    12 – Working While Awaiting Renewal of L Status
    13 – Spouse of L Visa Holder’s Right to Work
    14 – Summary

    Immigration Law Offices of Chris M. Ingram

    Immigration Law Offices of Chris M. Ingram

    US Immigration Law Offices of Chris M. Ingram
    Chris M. Ingram LL.M., ESQ – Immigration Attorney
    Admitted in New York.
    Practice Specializing in US Immigration Law
    401 Wilshire Boulevard, 12th Floor,
    [Cross Streets 4th and Wilshire]
    Santa Monica,
    California 90401
    Tel: 310 496 4292

    Everyday the Law Offices of Chris M. Ingram provides a comprehensive range of US Immigration expertise. We also provide a free consultation for our prospective clients.

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    Specializing in the E2 Visa, EB1 Green Card, L-1A Visa and O1 Visa and K1 Visa Marriage-Based Immigration. Attorney Chris M. Ingram is dedicated to providing the very best in US Immigration legal representation. Enjoy our website.

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