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APPLICATION ANSWERS · L-1B FIELD GUIDE

Kelowna: Does the customer’s willingness to pay a high rate prove specialized knowledge?

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THE DIRECT ANSWER

No. A commercial rate can reflect many considerations and does not replace the legal standard or offsite analysis. Establish the actual knowledge, duties and control. The customer’s budget should not be treated as evidence that a prohibited placement becomes permissible.

Separate project value from case expenses

Identify the evidence needed, professional scope and current government charges. Explain commercial pricing accurately without using it as an approval promise. Paying for expedited processing, where available, does not remove substantive eligibility restrictions.

Make a budget that separates filing charges, optional processing costs, translations, technical-document preparation, travel, and the employer's ordinary project expenses. The first review should determine which documents already exist and which require a paid expert explanation. A customer contract can support the assignment but is not an immigration fee; a fee receipt does not prove specialized knowledge. For a new office, distinguish the funds needed to commence operations and pay the worker from the money spent preparing the petition. Keep invoices and signed scopes of work so the record can explain an unusual charge. Do not use a round estimated total as though every amount has been paid.

Hypothetical example: a flood-modelling firm pays for a technical declaration and a client-site access badge. Both should be tracked, but neither replaces evidence of the employee's distinct internal methodology.