Skip to content
FOR SPECIALIST TEAMS · STRATFORDStratford

Your expertise.Across borders.

Hypothetical example: Oceane works for a seafood exporter based in Stratford and looks after the depuration and lot-traceability system the company built for itself, which links harvest area, holding tank, purge cycle and shipping lot in a way no supplier product does. The exporter's American affiliate wants her for two years to install the same system at its own plant and at three customer plants that pack under its label. The affiliate assumes L-1B. Two questions decide whether that assumption holds: whether her knowledge is genuinely the company's rather than the industry's, and where she will physically stand while doing the work.

Talk about L-1B
PurposeSpecialised knowledge transfer
Company linkQualifying related businesses
EvidenceSpecific knowledge and duties

IN THIS GUIDE · Company-specific knowledge, an Appendix 2 alternative, and a job performed on customers' premises

Start with the L-1B eligibility and application overview

01

Specialized knowledge means knowledge of this company, not of this sector

The classification reaches an employee with special knowledge of the petitioning organization's product, service, research, equipment, techniques, management or other interests and its application in international markets, or an advanced level of knowledge of that organization's processes and procedures. Skill acquired across an industry, however scarce, is not what the definition describes. Oceane's position is favourable because the system is proprietary and she wrote much of it, but the petition has to say so in those terms. A letter praising her as one of very few people in the sector who understands purge validation argues the wrong point, and argues it in a way that invites the answer that any competent technologist could be trained.

02

There is an alternative on the professions list, and it proves something else entirely

Scientific Technician or Technologist appears in Appendix 2 and is reached without a specific degree, through theoretical knowledge of a listed discipline such as biology or chemistry together with the ability to solve practical problems in it, working in direct support of professionals in that discipline. That is a live option for someone with Oceane's background, and it is worth pricing against the petition. The two are not interchangeable, though: TN requires Canadian or Mexican citizenship and prearranged professional work, and permits no self-employment, while L-1B requires a corporate relationship and a qualifying year but says nothing about her citizenship. They also produce different family outcomes, which is often what settles the choice.

03

Working inside customer plants is where these petitions are lost

Three of the four installations would happen on premises the affiliate does not own. Where an L-1B employee is stationed primarily at the worksite of an employer other than the petitioner, the placement must not be essentially labour for hire, and the petitioner must retain control of the employee's work, including day-to-day supervision and direction. If the customer plants direct her hours, assign her tasks and treat her as extra staff, the petition fails whatever her knowledge. The workable structure is a written services arrangement under which the affiliate delivers a defined implementation, Oceane reports to the affiliate throughout, and the customer receives a result rather than a worker.

04

One year behind her, five years ahead

She must have completed one continuous year of qualifying employment with the group abroad within the three years before the petition is filed, and the Canadian and American entities must stand in a qualifying relationship with both actively doing business. L-1B status is available for a maximum of five years, shorter than the L-1A ceiling, and time spent in the United States in other employment-based statuses can count against it. A two-year installation therefore leaves room, but not unlimited room, and a group that expects her to stay on afterwards should raise that with counsel at the outset rather than at the first extension.

L-1B · STRATFORD

YOUR QUESTIONS.
A CLEARER START.

KEEP EXPLORING

A LITTLE MORE CLARITY.