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FOR SPECIALIST TEAMS · ROXTON PONDRoxton Pond

Your expertise.Across borders.

Hypothetical example: a hardwood flooring manufacturer near Roxton Pond proposes to transfer the technician who runs its kiln-drying schedule to a new production site in the United States, describing the schedule as proprietary. The schedule was in fact designed by an outside consultant who later published it in a trade journal, and three competitors run something close to it. Those facts weaken a claim that knowledge of the schedule is distinct or uncommon in the industry, but they do not end the analysis: L-1B knowledge need not be proprietary or unique, and the technician may still qualify through special knowledge of the organization’s product or service or advanced knowledge of its processes and procedures. L-1B reaches special knowledge of the petitioning organization’s product, service, research, equipment, techniques, management or other interests and its application in international markets, or an advanced level of knowledge of the organization’s processes and procedures. Long service, deep competence and being difficult to replace can be relevant evidence, but none is the legal test by itself. Begin by identifying the company product, service, process or procedure to which the claimed knowledge relates, then show why this employee’s knowledge is special or advanced rather than merely general industry skill.

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

IN THIS GUIDE · Specialized knowledge has to belong to the petitioner, not to the industry

Start with the L-1B eligibility and application overview

01

Name the product, process or procedure first

A petition that opens with the employee and works toward the knowledge tends to describe an excellent worker. A petition that opens with the company’s own asset — a formulation, a drying schedule, a control system built in house, a documented method — and then shows who can operate it tends to describe specialized knowledge. Write the asset down in a sentence. Say when it was developed, by whom, and whether it is available outside the organization. If the honest answer is that a supplier owns it or a journal published it, that answer is worth having early, because it redirects the plan while redirection is still cheap.

02

Offsite placement carries conditions of its own

Where the transferee will spend most of the assignment at another company’s premises, two conditions matter. The work must remain controlled and supervised by the petitioning employer rather than by the site owner, and the arrangement must not amount to providing labour for hire. Written evidence answers both: a services agreement describing deliverables rather than headcount, a reporting line back into the petitioner, and a statement of who directs, evaluates and may reassign the employee. Where a customer sets the daily tasks and the petitioner simply invoices for hours, the arrangement is the problem and no amount of careful drafting cures it.

03

Five years, and what has to happen before they end

Time in L-1B is capped at five years, and time already spent in any L classification counts toward the limit. Moving somebody to L-1A later is not an administrative step; it requires meeting the managerial or executive standard on its own evidence, and the combined ceiling for L-1A remains seven years. Companies that treat the fifth year as a problem for later usually discover that the alternatives need eighteen months of preparation. Decide early whether the role is a bridge to a permanent structure, a fixed project, or a rotation that ends with a return to Canada, and design the file around that answer.

L-1B · ROXTON POND

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