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CARIGNAN · L-1B FIELD GUIDE

What if the employee transfers to the partner instead of the original employer’s U.S. organization?

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THE DIRECT ANSWER

Have the actual employers and qualifying relationship assessed anew. Participation in the earlier collaboration does not automatically establish an intracompany transfer to the partner.

Review the changed employer before relying on the plan

Provide the proposed employment arrangement, relevant history and actual company structure. Knowledge may remain relevant while the required corporate or employment facts differ. Do not assume the original timeline still applies.

Before the length of an assignment is agreed with a customer, the employee's own history should be reconstructed: previous American postings, their categories, and their dates. L-1B generally requires one continuous year of employment abroad for the qualifying organization within the three years preceding filing or admission; U.S. days may be treated differently in the continuity calculation, so reconcile every trip rather than estimate. Confirm as well the employee's continuous qualifying foreign year within the preceding three, the active parent, subsidiary, affiliate or branch relationship and the petitioner's control over any client-site work. Where the vendor's calendar cannot move, the company can send a different employee who already holds status, or ask the vendor to conduct the test with the electrician joining remotely. Work at a customer's location is permissible only if the group's U.S. entity, not the customer, controls and supervises the employee and the work is not simply supplying labour.