No. Assess the proposed transferee’s actual qualifying employment under the applicable timeline.
Use an individual chronology
Two careers may both matter to planning without becoming one person’s qualifying record. Identify the real employer, periods and duties for the applicant.
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. Begin with ownership records, foreign payroll and duties, U.S. role description, organization charts, and delegated authority examples. Employment with a parent, branch, subsidiary or affiliate of the petitioning organization can count toward the continuous year, so a payroll move inside a genuinely related group may be continuous qualifying employment. Where the structure has several owners or holding entities, ask counsel to assess control using the actual records. Set the requirement out without softening it: L-1 requires one continuous year of qualifying employment abroad with a qualifying related entity within the three years preceding the request, and L-1A additionally requires that the year have been in a managerial or executive capacity.