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APPLICATION ANSWERS · L-1B FIELD GUIDE

Can experience with an internal maintenance system support an L-1B transfer?

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THE DIRECT ANSWER

It may contribute to a case when the evidence explains qualifying company knowledge and its use in the U.S. assignment. Familiarity with widely used equipment is not, by itself, an explanation of special or advanced knowledge of the organization.

Describe the system through a real task

Choose an example of troubleshooting, configuration or training the employee actually performed. Explain what the company's method adds, how the employee learned it and which records corroborate that account. Avoid claiming that ordinary industry software becomes specialized knowledge simply because the company uses it. Equally, a patent is not a universal prerequisite. The reviewer needs a factual explanation of the knowledge, not a marketing description of the employee.

What the statute forbids is an arrangement that amounts to labour for hire: one where the client principally controls and supervises the worker, or where the placement is not connected to a product or service requiring the petitioner's specialized knowledge. Confirm as well that the employee completed one continuous qualifying year abroad during the relevant three years and that the foreign and US organizations have a qualifying parent, branch, subsidiary, or affiliate relationship while doing business.