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FOR SPECIALIST TEAMS · RURAL MUNICIPALITY OF MACDONALDRural Municipality of Macdonald

Your expertise.Across borders.

L-1B applies to a qualifying transfer for work in a specialized-knowledge capacity. For a Winnipeg-based employee, the file should explain what the person actually knows about the company's product or processes and how the proposed U.S. assignment will use that knowledge. General technical skill, a hard-to-fill position, or a claim that the employee is difficult to replace does not, without more, meet the applicable standard, and the qualifying foreign employment and corporate relationship remain separate requirements that still need their own evidence.

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

IN THIS GUIDE · Explain the specific knowledge claimed and its link to the U.S. assignment

01

State the knowledge itself, not a conclusion about the employee

Specialized knowledge includes special knowledge of the organization’s products, services, research, equipment, techniques, management or other interests and their application in international markets, or advanced knowledge or expertise in its processes and procedures. Describe the actual knowledge in specific terms and connect it to supporting evidence. It does not need to be labelled unique or proprietary to satisfy the applicable standard, but a vague assertion of value does not substitute for a concrete description.

02

Trace how the knowledge was learned and used

Assemble training records, project history, and documentation of the employee's responsibilities. Hypothetical example: a Winnipeg-based employee developed familiarity with an internal quality-control process across several projects and is now asked to help implement it for a U.S. affiliate. Identify the specific training and work history that support that account, handling confidential material appropriately as needed. Years of service alone does not explain what was learned.

03

Connect the knowledge to the actual proposed work

Describe the U.S. assignment and how the claimed knowledge will be applied there. If the work would occur at a client's site, disclose who directs and controls the day-to-day work so any applicable offsite-placement considerations can be assessed. A client's request for a particular person is not, on its own, evidence of the specialized-knowledge standard. For work primarily at an unaffiliated employer’s site, assess both statutory bars: being controlled and supervised principally by that employer, or essentially providing labor for hire rather than a product or service requiring knowledge specific to the petitioning employer. Document actual control, supervision and the petitioner-specific knowledge connection.

04

Keep the underlying transfer conditions in view

Generally, one continuous year of qualifying employment abroad within the preceding three years and a qualifying relationship between the two organizations still need to be established, in addition to the knowledge itself. If the actual role looks primarily managerial or executive, that possibility should be assessed under L-1A on its own facts rather than defaulting to L-1B for an unresolved question. Generally establish one continuous full-time qualifying foreign year within the relevant preceding three years. Brief U.S. visits need not break continuity, but U.S. days do not count toward that year. The qualifying organization must conduct regular, systematic, continuous business in the United States and another country. A U.S. operation doing business for less than one year is a new office: show sufficient premises and financial ability to pay the employee and commence business; initial approval is limited to one year. 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.

L-1B · RURAL MUNICIPALITY OF MACDONALD

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