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BURNABY · L-1A FIELD GUIDE

Does a recent promotion abroad affect whether the qualifying year counts?

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THE DIRECT ANSWER

Qualifying employment abroad is generally one continuous year within the relevant preceding three-year period, and the assessment looks at the work performed rather than only the final title. Whether a period spanning two roles supports the proposed classification is a case-specific legal question for counsel.

Separate the year from the title

Set out both roles and their dates, then let counsel assess the period against the proposed position. Some histories are straightforward; others turn on details such as leave, secondments or a change of employing entity within the organization. Provide these facts unprompted.

Where the pre-promotion work was operational rather than managerial, that is exactly what counsel needs early, since it may change the timing of a filing or the classification considered. Two further points belong in that assessment, and both concern arithmetic rather than description. The qualifying employment abroad is generally one continuous year within the relevant preceding three-year period, so the question is not only what the person did but when they did it, and time spent working in the United States can affect how that period is counted in an individual history.

Where the promotion is recent, this matters twice over, because the year being relied upon may sit largely within the earlier role. Separately, L-1A stay is capped at seven years in total and previous L time consumes part of that ceiling, which is worth establishing before anyone plans a long assignment on the assumption of a full run. Hypothetical example: an enterprise software vendor promotes a delivery lead into a regional director role and proposes a transfer four months later, and the useful first exercise is a dated table of employer entity, location and status for the preceding four years, reviewed before the receiving business is given any date at all.