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APPLICATION ANSWERS · L-1B FIELD GUIDE

Kelowna: Can an L-1B employee work at a customer location?

Sources checked:

THE DIRECT ANSWER

The actual offsite arrangement must satisfy the applicable restrictions as well as the specialized-knowledge and transfer requirements. Assess principal supervision and control and whether the placement is essentially labour for hire rather than service requiring the petitioner’s specialized knowledge. A client address alone does not answer the complete question.

Describe how the assignment functions

Identify who directs the tasks, evaluates the work and supplies the relevant methods. Use the actual contract and practice. Do not rewrite a client-controlled staff placement as petitioner-directed implementation solely to improve the immigration description.

Identify the company-specific knowledge first, then prove the foreign employment and qualifying organization. A first review should produce a plain-language description of the knowledge, the records that show how it was gained, and a US assignment explaining why it is needed there. The foreign employment must include an uninterrupted qualifying year during the three years immediately before filing. Experience with common tools or a senior title is not enough by itself. Test the customer-site arrangement, if any, so the petitioning employer's control and services are described accurately. The records that settle the issue are usually training materials, project history, and a credible explanation of the knowledge's uncommon value within the organization.

Hypothetical example: a fermentation-sensor technician knows a proprietary calibration sequence used only by her corporate group. Her case requires the manuals and project evidence, not a generic statement that she is highly skilled.