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POINTE-DES-CASCADES · L-1B FIELD GUIDE

Can a foreign manager be transferred for U.S. specialized-knowledge work?

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THE DIRECT ANSWER

The foreign and U.S. duties need not always be the same. The qualifying foreign role and employment must be established, and the proposed U.S. role must require knowledge the employee actually possesses.

Prove the capacity being proposed now

Management experience alone does not prove specialized knowledge. Explain the employee’s personal understanding of the relevant organizational interests or processes and how the U.S. assignment will use it.

Identify what the employee knows, how it was learned, and why it matters to the specific U.S. assignment. The knowledge has to be of the employer’s own product, process or procedures, or advanced knowledge of how that organization does things. Create two timelines: one for exposure to the company’s products as a customer and another for actual employment by a qualifying organization. Avoid describing the employee as the only person able to teach unless that factual claim is supported and relevant. Eligibility also requires a qualifying parent, branch, subsidiary, or affiliate and one continuous year of qualifying employment abroad within the prior three years.