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APPLICATION ANSWERS · L-1B FIELD GUIDE

Kelowna: What if the customer takes over supervision after the employee starts?

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THE DIRECT ANSWER

Review the actual change promptly under the offsite restrictions and existing authorization. A previously described petitioner-controlled arrangement should not be assumed unchanged when the customer begins directing the work. The consequence depends on the real facts and required procedure.

Preserve the revised assignment record

Identify who now makes daily decisions and whether the service or knowledge requirement changed. Obtain advice before continuing on an unsupported assumption. Internal project approval cannot substitute for compliance with the immigration conditions of the placement.

Sequence the case around the qualifying foreign year, the availability of company records, and the actual project start. The first review should mark the date on which the required foreign period is complete and identify whether the US work is ready to begin or still contingent on a contract. L-1B admission has a five-year maximum, so a multi-year staffing plan should not ignore the end of that period. If a client deployment is postponed, update the assignment explanation and preserve the revised work order. Do not treat a tentative launch date as permission to start US work before the applicable authorization exists.

Hypothetical example: an irrigation-automation analyst completes her qualifying year in May, but the US pilot begins in August. The file should use the final project schedule instead of forcing a May start unsupported by operations.