No. Examine actual principal control and supervision and whether the placement is essentially labour for hire.
Read the working arrangement
A principally unaffiliated worksite is barred if either restriction applies. Identify how the petitioner’s specialized-knowledge product or service relates to the duties and who directs the work in practice. A payroll record answers who pays, not the complete offsite question.
Describe what the employee learned, applied and can now explain beyond ordinary familiarity; years of travel alone do not establish the standard, and a labour shortage is not the legal test. A grower who developed the company's own climate-control thresholds, its substrate recipe and the sequence it uses to move plugs from germination to finishing holds knowledge that exists only inside the company. L-1B concerns special knowledge of the company's products and international application, or advanced knowledge of its processes and procedures; ordinary software familiarity is not enough, although the information need not be secret or unique. Explain the employee’s knowledge, qualifications and proposed services, and have any additional professional requirement reviewed rather than promising eligibility from a diploma or experience alone.
- USCIS — L classification documentation and evidence
- Department of State — 9 FAM 402.12
- 8 USC 1184 — specialized knowledge definition
- USCIS — employment authorization for certain spouses
- ICE — nonimmigrant classes that may study
- USCIS — fee schedule
- L definitions, foreign employment and new-office evidence
- L1B specialized knowledge and offsite placement statute