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U.S. Citizenship and Immigration Services issued a policy memo Thursday that sets out how adjudicators will calculate the eligibility requirement that L-1 intracompany transferee applicants must have been employed for one continuous year abroad within the preceding three years.
The memo clarifies that the three-year period will be counted back from the date of the initial L-1 application, not the date of admission, and that the individual must have been physically outside the U.S. during the continuous one-year period. It also explains circumstances under which the three-year period may be adjusted.
BAL Analysis: The policy memo clarifies definitions that previously resulted in inconsistent adjudications. Employers and individuals will need to ensure that they closely track an employee’s trips to the U.S. and other time spent in the U.S. during the relevant three-year period, as they may now affect the timing and eligibility for their L-1 petitions. This policy memorandum is now in effect, and will apply to all L-1 petitions filed with USCIS.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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