Skip to content
MARKSTAY-WARREN · L-1B FIELD GUIDE

Can the customer’s launch date determine when the employee may start on site?

Sources checked:

THE DIRECT ANSWER

No. A commercial deadline does not authorize US work or guarantee a government decision. The required petition, visa where applicable, and admission or status steps must be resolved for the actual assignment.

Keep the implementation plan adjustable

Ask which tasks depend on the transferee being lawfully present and which facts might change before arrival. If the customer takes over day-to-day supervision or the project becomes general staffing, obtain a reassessment rather than relying on the earlier technical description. New-office approval is initially limited to one year; the launch plan should not assume that period renews automatically.

An internal title change usually does not restart the clock by itself, but the record must still contain one continuous year of qualifying work abroad within the three years preceding the relevant filing or admission analysis. Preserve dated records showing the employee’s knowledge and prior projects, then confirm current foreign duties and the tasks planned in the United States. If the employee will be stationed primarily at an unaffiliated worksite, that unaffiliated employer cannot principally control and supervise the employee, and the placement cannot be essentially an arrangement to provide labour for hire rather than to use the petitioner’s specialized knowledge.