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CAP-ACADIE · L-1B FIELD GUIDE

What if the course is postponed beyond the proposed transfer?

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THE DIRECT ANSWER

Review the actual knowledge and duties available at the relevant stage. Do not retain a timeline that assumes training already occurred.

Update the employer’s account

Identify the effect on the assignment and any realistic alternative. A project deadline cannot replace the qualifying knowledge requirement.

A change in duties, client placement, or the employing entity can affect the basis of the proposed case, and the revised facts should be reviewed rather than assuming the original filing or plan automatically covers them. By writing the specialized-knowledge explanation with the technical team before filing, explaining exactly how the knowledge is special or advanced, attaching the company's own documentation, and showing why the U.S. assignment requires it. Establish the qualifying corporate relationship, collect foreign-employment proof, complete the knowledge explanation, and resolve any client-site control issue before the planned filing date. L-1B placement with an unaffiliated organization cannot be a labour-for-hire arrangement; the petitioner should retain control, and the work should principally involve the petitioner’s specialized knowledge rather than ordinary services directed by the customer. 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. 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.