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MONTRÉAL-EST · L-1B FIELD GUIDE

Must the company say no one else has the knowledge?

Sources checked:

THE DIRECT ANSWER

No universal uniqueness requirement applies. Explain the actual special or advanced knowledge and the evidence supporting the claim.

Avoid absolute claims without evidence

Describe the applicant’s experience accurately, including knowledge shared with colleagues. The relevant question is whether the applicable standard and transfer requirements are met, not whether a letter contains the strongest possible praise.

Specialized knowledge is knowledge of the petitioning organization’s product, service, research, equipment, techniques, management or other interests, or an advanced level of knowledge of its processes and procedures. Inventory what the employee actually knows, how the company developed that knowledge, where it was applied, and why the U.S. assignment needs it. A first review should isolate the company knowledge from ordinary occupational skill, identify who can verify it and connect it to a concrete US need. Specialized knowledge must be special or advanced rather than general expertise, but it need not be proprietary, unique or unavailable in the U.S. labour market. The core conditions remain one continuous qualifying year abroad within the prior three, active related entities and company-focused special or advanced knowledge. Whether a local worker is available is not a legal test; the file must instead establish the beneficiary's special or advanced company-specific knowledge and the U.S. assignment's need for it.