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MONTRÉAL-EST · L-1B FIELD GUIDE

What if another employee is selected later?

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THE DIRECT ANSWER

The substitute’s qualifications, history and proposed work need their own assessment. Do not transfer the original applicant’s evidence or conclusions to another person.

Start with the new person’s actual facts

Identify what knowledge the substitute holds and the records supporting it. Review the applicable process and timing. A company decision to change personnel does not mean the immigration steps are interchangeable.

Explain which version the applicant used and whether the proposed assignment requires new knowledge. L-1B petitions attract requests for evidence more often than many other employment categories because the specialized-knowledge standard is qualitative. The right sequence is to assemble the specialized-knowledge evidence and the acquisition documents, file Form I-129 or prepare the port-of-entry package, and travel once admitted in L-1B. If the petitioner is opening its first US operation, initial L-1B approval is limited to one year and the office needs premises plus financial ability to commence business and pay the employee. The expense is a second evidence assembly under deadline, the internal hours it consumes, and the delay to a start date that the business has already planned around. Sequence the organizational documents and employment evidence before finalizing a start date, especially where prior US assignments, leaves or a new-office timetable could affect the requested period.