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SAINT-MATHIEU · L-1B FIELD GUIDE

Can a part-time learning period automatically count as the L-1B foreign year?

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THE DIRECT ANSWER

Do not assume it satisfies the required continuous year of qualifying full-time employment. Have the actual schedules, dates and applicable rules assessed.

Keep useful experience separate from the statutory timeline

The period may help explain what the employee learned without establishing the full-time foreign-employment requirement. Present it accurately rather than omitting it or labeling it full-time solely for the application.

Describe special product knowledge and international application or advanced process and procedure knowledge supported by actual experience. Identify the relevant processes, the employee’s learning and the level now demonstrated. Establish the qualifying company knowledge rather than language ability alone. Identify the methods, experience and problem-solving that the applicant brings. For a non-new office, the qualifying organization must be doing business as an employer in the United States and at least one other country; a new office instead must meet the special commencement requirements. The organizational relationship and qualifying employment period require their own evidence even when the customer strongly requests this particular employee. Eligibility also requires a qualifying related organization and one continuous year of qualifying foreign work within the prior three.

A strong technical explanation cannot repair an unproven organizational relationship, an insufficient qualifying period or premises that do not support a new office.