After working in India as a manager for several years, I transferred to a subsidiary in the U.S. in L1A status. I have been in L1A status for four years. I spoke with my employer about sponsoring me for a green card through the EB1(c) category. They told me I do not qualify because I need to have worked as a manager abroad for at least one year in the past three years. Does this mean I need to go back to work in India for another year to qualify?

Answer

Based on the information provided, there is a good chance you already qualify for the EB1(c) category. Normally, in order to qualify as a multinational manager / executive for EB1(c) purposes, the foreign national must have worked abroad for a related company as a manager or executive for at least one year in the past three years. But this “one-in-three” rule works a bit differently when the foreign national has entered the U.S. to work in nonimmigrant status (e.g., L1A, H1B) for the related company. In that situation, rather than looking at the three-year period immediately prior to the filing of the petition, the USCIS will examine the three years prior to entering to work for the U.S. entity. (16.Dec.2021)

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