I. L-1 visa

U.S. immigration laws allow a U.S. employer that is part of an international organization to temporarily transfer employees from a foreign affiliated office.

The L-1is such anonimmigrantclassification for“alien who, within 3 years preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm […] and who seeks to enter the United States temporarily in order to continue to render his services to the same employer […] in a capacity that is managerial, executive, or involves specialized knowledge …” 8 U.S. Code § 1101(a)(15)(L)

Although we have many articles discuss the L-1 visa, here wefocus onthe often-overlookedpreceding-three-year requirement.

II. Application for Admission

Although immigration statutes and regulations require a qualified employment abroad “within 3 years preceding the time of his application for admission into the United States,” many employers or L-1 visa applicantsmay mistakenly count the three-year period based on the datetheI-129 L-1 petition is filed. However, theinterpretation is not consistent with the statutes.

In fact,“application for admission” means“the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa,” 8 U.S. Code § 1101(a)(4) and that “admission” means “the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.”U.S. Code § 1101(a)(13)(A)

In other words, “application for admission” is a concept distinct from “request for an immigration benefit” and “application for a visa.”“Application for admission” of an alien occurs when the alien arrives at a port of entry.This concept may be confusing because some nonimmigrant classificationsrequire a petition to be filed and approved before the visa is granted.

To illustrate the difference, consider the following example.Amy is aChinese citizenand has worked as a full-time manager at Shanghai Company of ABC Global continuously between April 1, 2022 and March 31, 2023. Then, she left for Canada pursuing a master’s degree and did not work for ABC Global. Later, ABC Global offers Amya managerial position at New York Companyfor around 2 years. She does not have any work authorization in the U.S.

1.Petition for immigration benefits (Filed with USCIS)

• New York Company of ABC Global can file Form I-129 with U.S. Citizenship and Immigration Services (USCIS) for Amy’s L-1 benefit.
• Here, approval of the I-129 petition does not grant Amythe right to enter the U.S.; it only allows them to apply for a visa at a consulate abroad.

2.  Application for a Visa (Filed at a U.S. Consulate)

• With an approvedI-129 petition, Amy can apply for an L-1 visa stamp at a consulate abroad.
• The visa allows travel to a U.S. port of entry to request admission.

3.  Application for Admission (At a Port of Entry with CBP)

• When arriving at a port of entry, Amy should apply for admission with the L-1 visa before CBP by March 31, 2025.
• That is to say, Amy should arrive at the CBP check station not later than that date.
• The CBP officer decides whether to admit the person under the approved visa category.
• If approved, the CBP officer then issues an I-94 Arrival/Departure Record, determining how long the person can stay in the U.S.

The above example highlightsthe timeline of an L-1 nonimmigrant.In this case, Amy should make sure that she arrives at a port of entry in the U.S. by March 31, 2025. Otherwise, she is no longer qualified as an L-1 nonimmigrant due to the preceding-three-year requirement. It follows that the ABC New YorkCompany should file an L-1 petition for Amy well before this deadline, allowing sufficient time for petition processing and visa issuance.

III. Two-Step Requirement

The next question is, when should a qualified U.S. employer file a petition for L-1 beneficiary? Take Beta for example. She is also a Chinese citizen and has been working as a full-time manager at Shanghai Company of ABC Global continuously since April 1, 2024. Now the company wants to assign Beta to its New York Company.

Now that the immigration statutes set forth the preceding-three-year requirement based on the time of application for admission, an HR try tofile a petition in February 2025, believing Beta can start working at the New York Company as early as April 1, 2025.

However, it is risky for the USCIS may reject the L-1 petition for Beta. At the time of filing an individual petition, New York Company should also submit evidence that “the alien has at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition.” 8 CFR § 214.2(l)(3)(iii)

Since Beta has been working continuously for only ten months at the time of filing, the USCIS has its discretion to issue a Request for Evidence (RFE) or deny the petition in such aborderline case.

In practice, the regulation imposes a higher requirement for L-1 nonimmigrants. Betamusthave one-year eligible employment within three years not only preceding arriving in the U.S., but also should have itpreceding the time of filing the L-1 petition.

IV. Conclusion

The preceding-three-year requirement for L-1 is often misunderstood because the immigration lawactually creates a two-step requirement based on different timeframes. L-1 nonimmigrants should be care about both the timing of the petition filing and arrival in the U.S.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

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(03/21/2025)