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APPLICATION ANSWERS · L-1B FIELD GUIDE

Can a licence agreement replace evidence of the relationship between the companies?

Sources checked:

THE DIRECT ANSWER

No. A commercial licence may explain technology rights, but L-1 requires a qualifying parent, branch, subsidiary or affiliate relationship. Document the actual ownership and control structure separately. Shared use of a method or brand does not establish that the companies meet that requirement.

Keep the two evidence questions distinct

Use corporate records to explain the qualifying organization relationship and the licence to explain the technology arrangement. Identify the employee’s duties and knowledge through appropriate supporting evidence. A file becomes clearer when each document is tied to the fact it can actually prove.

Assign each document a job: ownership papers establish the organizational relationship, personnel records establish employment, and technical records explain the knowledge and its U.S. use. The first review should produce a document index that exposes missing links, especially where a licence or vendor agreement is mistaken for proof of affiliation.

Reconcile names, job titles and project dates across records. Hypothetical example: A Canadian ticketing-platform company transfers a product specialist to its U.S. affiliate to configure a custom fraud-screening rule set.

The employee's training logs and release notes show the relevant expertise, while a reseller contract merely explains the platform's use. The file should not ask the reseller contract to prove corporate ownership. Confusing those facts is a frequent reason a technically strong explanation becomes legally incomplete.

Check whether technical exhibits and employment records use the same name for the relevant system, release or process. The useful output is a cross-reference table. Unexplained vocabulary changes can make it appear that the claimed knowledge belongs to a different product or a general industry tool.