No universal exclusivity rule applies. The applicant still needs to establish their own qualifying special or advanced organizational knowledge and the work that will use it.
Identify what the employee can explain and perform
A French River applicant should distinguish attending a project from understanding its important methods and decisions. Describe the applicant’s responsibilities and experience without claiming that colleagues know nothing about the same system. The assessment concerns qualifying knowledge, not sole authorship.
Useful records may include the employee’s foreign assignments, internal training history, process materials, product versions handled, authored troubleshooting notes, and examples showing advanced familiarity with company procedures. An assignment primarily at an unaffiliated worksite must not place the employee under the client’s principal control and supervision and must relate to a product or service requiring petitioner-specific specialized knowledge rather than labour for hire, and total L-1B stay is limited to five years.
- USCIS — L classification documentation and evidence
- Department of State — 9 FAM 402.12
- 8 USC 1184 — specialized knowledge definition
- USCIS — employment authorization for certain spouses
- ICE — nonimmigrant classes that may study
- USCIS — fee schedule
- L1B conditions and definition
- L1B unaffiliated worksite restrictions