Work abroad

One year of foreign employment

Whether the person worked at least one year abroad for a related company in a managerial or executive role within the required window.

What USCIS is questioning

Whether the foreign employer is the petitioner, or its parent, subsidiary or affiliate.^[1]
Whether the year abroad falls within the three years before filing, or before the nonimmigrant entry, and whether the foreign role was managerial or executive.^[1]

The legal standard

INA 203(b)(1)(C) requires at least one year of employment abroad in the three years before the application; 8 CFR 204.5(j)(3)(i)(A)-(B) measures the window from filing, or from entry as a nonimmigrant for someone already working here for the same group.^[1,2]
Matter of S-P- (adopted decision): leaving the organization for more than two years after entry breaks eligibility until another year abroad is completed.^[3]
Unlike L-1, the year need not be continuous (Policy Manual).^[4]

How the request usually reads

Interpretation RFEs typically ask for proof of the dates of foreign employment and of the foreign role's duties and staff, and may point to inconsistencies with earlier visa applications.^[5,6]

Evidence petitioners often provide

High confidence Employer letters with dates, title and specific duties, and the foreign organizational chart.^[1,5,6]
Interpretation Foreign payroll, tax or social insurance records covering the claimed period.^[7]

Where responses go wrong

Interpretation A work history that differs from what was listed on earlier visa applications or biographic forms.^[5]
Counting time with an unrelated company, or relying on a year abroad that was followed by a break of more than two years from the organization.^[3]

AAO decisions on this issue

Matter of S-P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018)
Adopted decision: a beneficiary who left the multinational organization for more than two years after entering the U.S. doesn't meet the one-in-three rule and needs another year of qualifying work abroad.
AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 41854698 (Apr. 9, 2026)
Foreign employment wasn't shown because the claimed employer abroad was missing from three earlier visa applications, the explanations conflicted with the beneficiary's own biographic form and the company documents, and no independent, objective evidence resolved the inconsistencies.

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

1.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
2.8 U.S.C. 1153 (INA 203) — Allocation of immigrant visasOffice of the Law Revision Counsel, U.S. House of Representatives · Statute · Checked Sep 27, 2026
3.Matter of S-P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018)USCIS Administrative Appeals Office · AAO decision · Published Mar 19, 2018 · Checked Sep 27, 2026
4.USCIS Policy Manual, Volume 6, Part F, Chapter 4 — Multinational Executive or ManagerUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
5.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 41854698 (Apr. 9, 2026)USCIS Administrative Appeals Office · AAO decision · Published Apr 9, 2026 · Checked Sep 27, 2026
6.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 43475714 (June 24, 2026)USCIS Administrative Appeals Office · AAO decision · Published Jun 24, 2026 · Checked Sep 27, 2026
7.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 42456590 (Apr. 29, 2026)USCIS Administrative Appeals Office · AAO decision · Published Apr 29, 2026 · Checked Sep 27, 2026