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APPLICATION ANSWERS · L-1B FIELD GUIDE

What if the US assignment expands from implementation into ordinary production work?

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THE DIRECT ANSWER

Review the actual revised duties and whether they continue to support L-1B. A material change may affect the case or require a further immigration step depending on the circumstances and stage. Do not retain a specialist implementation description if it no longer represents the intended work. The applicant also must have one continuous qualifying year abroad within the prior three years, and both qualifying organizations must remain active. A new-office approval is limited to one year and requires premises and capacity for the role. An offsite client placement must remain controlled by the petitioner and cannot be labour for hire. Total L-1B stay is generally limited to five years.

Ask for a revised duty allocation

Identify which tasks require the claimed knowledge and who handles routine production. Explain the business reason for the change. An internal management decision can change the job, but it does not automatically extend the scope of the employee’s US authorization.

The maximum period in L-1B status is five years. Build the timeline around the knowledge-dependent tasks, the qualifying employment record, project launch and the chosen immigration step. The first review should identify when the transferee is actually needed and whether the U.S.

duties may change after initial training. Use project plans, work orders and personnel records to settle the sequence. Hypothetical example: A medical-device company schedules a calibration-software specialist for a U.S.

launch, but the affiliate later replaces the specialized configuration work with routine customer support. That change may alter the relationship between the claimed knowledge and the role. The sensible decision is to reassess before the duties shift, rather than treating an old project plan as permission for whatever work follows.

Recheck the task list when the project schedule changes. If the specialized phase ends before the transfer, the original business need may no longer fit the proposed duties. The employer should decide whether to revise the plan or defer the move rather than carry forward an obsolete explanation.