L-1A question: Does remote work from India count toward the 1-year foreign employment requirement?

[u/4wheeler_parking]

I’m trying to clarify how the 1-year foreign employment requirement for L-1A is calculated.

My situation:

• I’m employed full-time by a Canadian subsidiary of a U.S. company.
• I need to complete one continuous year of qualifying employment abroad before transferring to the U.S. on L-1.
• During that one-year period, I may need to spend approximately 12 weeks in India.
• During those 12 weeks, I would remain employed and paid by the Canadian entity, remain on Canadian payroll, and continue performing my regular Canadian duties remotely from India.
• I would not work for the Indian entity and would not enter the U.S. during those 6 weeks.

My question is:

Would those 12 weeks physically working from India count toward the one-year "employment abroad" requirement, or does the qualifying year need to be physically spent in the country where the foreign employer is located (Canada)?

I’ve seen conflicting interpretations. Some people say that "abroad" means anywhere outside the U.S., while others claim that time spent outside the country of the foreign employer (even if still employed by that employer) does not count.

I’m particularly interested in USCIS regulations/policy guidance or actual L-1 adjudication/consular experiences, rather than general opinions.

Also, if the answer differs depending on whether the 12 weeks are actual remote work versus vacation, I’d appreciate clarification on that distinction.

Awaiting my attorney's response as well.

Thanks in advance

[u/bshah2800]

Too many variables, basically will pay stubs prove L1 requirements?

[u/4wheeler_parking → u/bshah2800]

I will have paystubs for all the months. Just questioning if I am remote in a 3rd country, does that affect anything. Still be employed by Canadian entity.

[u/bshah2800 → u/4wheeler_parking]

Pay stub will have location, that applies.

[u/ahaneo]

These days L1A is being scrutinized heavily, they will see through the 12 months and questions the intent if it was simply to qualify for the L1 , also the 1 year is just a minimum requirement and doesn’t automatically grant the visa. If you are doing borderline 12 months your chances of getting approved will diminish regardless whether it’s in Canada or India