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STURGEON COUNTY · L-1B FIELD GUIDE

Does use of an industry-standard tool rule out L-1B?

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THE DIRECT ANSWER

The complete knowledge and duty evidence needs assessment; common tools do not answer the entire question.

Identify the relevant organizational knowledge

Explain any special organizational knowledge or advanced internal process knowledge and its actual use. Knowledge need not be unique or proprietary. Do not claim that familiarity with the common tool alone meets the standard, or that its presence automatically defeats an otherwise supported case.

Beyond the usual requirements — the qualifying corporate relationship, the qualifying employment period abroad, and special knowledge — offsite placement raises restrictions concerning who supervises the employee and whether the placement is essentially labour for hire. The regulation defines specialized knowledge by reference to the petitioning organization: its product, service, research, equipment, techniques, management or other interests, or an advanced level of knowledge of its processes and procedures. Support the company-specific context with training or production records and let counsel assess the applicable legal standard rather than relying on a broad claim of general trade expertise. The practical choice is whether the assignment uses the particular organizational knowledge or instead describes routine production, customer support or skills available in the general labour market.