Not necessarily. The question is whether a full continuous year of qualifying employment can be identified within the three years before filing, and whether the employment relationship continued during the leave. Read the records before deciding.
Identify the cleanest twelve months in the window
The regulation requires one continuous year of full-time employment with the qualifying organization within the three years immediately preceding the petition. Start by charting the three-year window and marking every period of employment, leave and any time spent in the United States. If a continuous twelve-month block of active employment exists on either side of the leave, rely on that block and say so plainly. If the leave splits the window so that no clean block exists, the petition must explain, with the employment agreement and any leave policy, that the employment relationship continued unbroken through the leave. That is a more contestable position and deserves legal review before filing. Whatever the answer, the payroll records must agree with the dates the petition states; a discrepancy between the two is the single most common cause of a request for evidence on this point.
Hypothetical example: an audio-equipment maker's operations director had a six-week unpaid break between two Canadian roles. The first review should create a dated payroll timeline and choose the uninterrupted twelve-month period, if one exists, instead of describing total tenure. The employment records, not a title on a business card, settle the continuity point. If no qualifying period falls within the preceding three years, wait until the facts satisfy the rule; calling the break a leave without supporting records risks a credibility problem that affects the whole petition.
- USCIS — L-1A intracompany transferee executive or manager
- USCIS Policy Manual — L-1 evidence (Vol. 2, Part L, Ch. 8)
- 8 CFR 214.2(l) — intracompany transferees
- 8 U.S.C. 1101(a)(44) — managerial and executive capacity
- USCIS Policy Manual — employment authorization for certain spouses
- USCIS — fee schedule (G-1055)