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WELLAND · L-1B FIELD GUIDE

Can a project proceed before the placement conditions are clarified?

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THE DIRECT ANSWER

Do not assume knowledge evidence alone authorizes the proposed work. Assess actual supervision, location and required process before relying on the assignment.

Resolve the real arrangement

If a customer will direct the work differently from the draft description, explain that fact. A preferred deadline cannot replace the governing conditions.

If the business adopts a new method or the employee's proposed U.S. duties change, document the change and have it reviewed rather than relying on the original filing to cover a different set of facts. For L-1B, document the qualifying relationship, doing-business evidence, one continuous qualifying year abroad within the preceding three years, and knowledge that is special or advanced in relation to the organization. If the employee will be stationed primarily at an unaffiliated employer’s worksite, that employer cannot principally control and supervise the employee, and the placement cannot be essentially an arrangement to provide labour for hire. Assembling the specialized knowledge evidence typically takes longer than the adjudication itself, and requests for additional evidence are common in this category, so build a realistic margin.