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FOR SPECIALIST TEAMS · RURAL MUNICIPALITY OF MACDONALDRural Municipality of Macdonald

Your expertise.Across borders.

A Macdonald L-1B proposal should explain the employee’s qualifying specialized knowledge and its relevance to the U.S. assignment. Contract language asserting expertise is not a substitute for a supported description of what the employee knows and will do.

Talk about L-1B
PurposeSpecialised knowledge transfer
Company linkQualifying related businesses
EvidenceSpecific knowledge and duties

IN THIS GUIDE · Compare the specialist clause with the knowledge actually used

Start with the L-1B eligibility and application overview

01

Identify the knowledge in a real assignment

Hypothetical example: a contract promises deployment support for the employer’s internal system. Describe the system, the employee’s knowledge and the work requiring it. L-1B concerns special knowledge of the organization’s products, services or other interests and their international application, or advanced knowledge of its processes and procedures.

02

Explain evidence without adding a different legal test

Use genuine training, experience and examples to show the asserted knowledge. It need not universally be unique, secret or proprietary, and L-1B does not impose a general U.S. worker recruitment test. A generic claim that the employee is valuable also does not establish the standard.

03

Read customer-site clauses carefully

For work primarily at an unaffiliated employer’s site, the bars are being controlled and supervised principally by that employer, or an arrangement essentially providing labor for hire rather than a product or service requiring knowledge specific to the petitioning employer. Identify the actual supervision, control and petitioner-specific knowledge connection. Contract labels must match the actual working arrangement.

04

Connect the assignment with the qualifying transfer

Establish qualifying organizations, doing business and generally one continuous qualifying foreign employment year within the relevant preceding three years. If the U.S. organization is a new office, assess sufficient premises and financial ability to pay the employee and begin doing business, as well as the specialized-knowledge case. Do not substitute the L-1A management standard.

05

Complete the foreign-employment and new-office assessment

L-1B generally requires one continuous full-time qualifying year of foreign employment within the relevant preceding three-year period, along with qualifying organizations that meet the doing-business requirements. Assess actual dates and locations; U.S. days do not count toward the foreign year. For a U.S. organization doing business for less than one year, the L-1B new-office evidence includes sufficient premises and financial ability to pay the employee and begin doing business. Initial new-office approval is limited to at most one year. Brief U.S. trips need not interrupt continuity. The qualifying organization must provide regular, systematic, continuous goods or services in the United States and another country; registration alone is insufficient. For an ordinary L petition, the qualifying foreign work may be managerial, executive or specialized knowledge; the U.S. duties must meet the requested classification. New-office L-1A specifically requires managerial or executive foreign employment.

06

Sort general skill from company-specific knowledge

Training history, project records, technical explanations and knowledgeable statements may illuminate how the applicant acquired and used the claimed knowledge. A specialist installing and commissioning the company's own patented system at customer marinas, directed by the affiliate's own management, using its methods and reporting to its supervisors, fits that requirement. Knowing a widely licensed software package is knowledge of the vendor's product, and thousands of people have it. A first review should separate knowledge gained from an industry standard from knowledge of the company’s own product, methods, or international application. For a principal placement at an unaffiliated site, establish who actually controls and supervises the employee. Name the proprietary process, product configuration, methodology, or market knowledge and identify the records that show its restricted or unusual character. Separate company-specific knowledge from skill that a qualified recruit could learn from public material. The most persuasive record lets a reviewer understand the knowledge’s practical value without requiring disclosure of every confidential technical detail.

L-1B · RURAL MUNICIPALITY OF MACDONALD

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