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APPLICATION ANSWERS · L-1B FIELD GUIDE

Can the assignment expand into general staffing support automatically?

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THE DIRECT ANSWER

Do not assume the original proposal covers materially different duties or placement conditions. Total L-1B stay is generally limited to five years.

Reassess the actual change

Explain the new work and supervision before relying on existing permission. A client’s additional staffing need does not itself establish a qualifying L-1B assignment. The maximum period in L-1B status is five years.

Hypothetical example: a Canadian satellite-components business needs a materials-testing specialist in the United States for a phased launch, with the first tests in May and customer troubleshooting proposed later. Build the chronology around evidence, not only the launch: corporate relationship, foreign-employment dates, knowledge-development record, petition preparation, proposed duties at entry, and later contingencies. The person must generally have completed one continuous qualifying year abroad during the preceding three years; payroll, travel logs, and work records should be reviewed before selecting a filing date.

The first U.S. task should be described precisely, because a later customer request may add duties that do not use the knowledge presented in the case. An approval date does not license any technical work the client later wants.

Preserve change-control records and assess material revisions before the employee performs them. If the office is newly established, the timing plan should include premises, funds to begin doing business, and payroll capacity rather than assume the project award resolves those issues. Count prior L-1B time from the outset; the maximum is five years, although properly documented time outside the country may be relevant to recapture.

A frequent error is to postpone the foreign-year calculation until the customer insists on a start date. The better sequence is to establish eligibility first, then align a realistic technical schedule with the available process. Do not let a compressed commissioning calendar substitute for a coherent assignment record.