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APPLICATION ANSWERS · L-1B FIELD GUIDE

Can the employee start the U.S. inspection work during petition preparation for a Chatham-Kent applicant?

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THE DIRECT ANSWER

Preparation does not itself authorize the proposed U.S. work. Confirm the actual status and required process before assigning duties there.

Plan the operational coverage independently

Record who performs inspections while the transfer is being prepared and where the applicant would physically work. A business need or foreign salary is not a substitute for authorization. Identify the relevant approval or admission steps and effective dates. Keep a contingency for the quality schedule rather than treating an urgent inspection as an immigration deadline.

L-1B requires qualifying organizations doing business, twelve continuous months of qualifying employment abroad during the relevant preceding thirty-six months, and specialized knowledge for the U.S. assignment. Time in L-1B is limited to five years in total. A first review should distinguish public skill from knowledge of the organization’s particular products, methods, or international application. Build a chronology from payroll and role records, then link selected work examples to internal materials and the actual U.S. duties. Begin with records that existed during the work, not a later summary. The common failure is proving that the field is technical while never showing why this employee’s organizational knowledge is needed. Hypothetical example: A textile-dye process specialist is asked to troubleshoot a U.S. production interruption next week. The company must arrange lawful timing and interim coverage; business urgency and a foreign salary do not themselves authorize the U.S. assignment. The practical next step is to preserve the underlying record, identify any conflict in writing, and decide the sequence from the facts rather than from a preferred outcome.