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STRATHROY-CARADOC · L-1B FIELD GUIDE

What happens if the U.S. facility's needs change before the employee travels?

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THE DIRECT ANSWER

Any change in the assignment, site, or supervising entity should be reviewed before relying on the original plan. Provide the updated facts rather than assuming the original description of the U.S. work still applies.

Describe the changed assignment before making travel decisions

Record what changed, when it changed and who confirmed the new arrangement. Include the actual worksite, the person directing the work and the tasks now proposed. Give those facts and the existing filing or approval records to the reviewer so they can assess whether the current documentation still fits. A customer deadline is not a substitute for that assessment.

Pause whenever the worksite, duties, supervising entity, or project deliverable changes. Compare the current assignment with the petition record before travel, and obtain advice on whether updated action is required. An L-1B placement primarily at an unaffiliated worksite must remain principally controlled and supervised by the petitioner and provide a petitioner-specific product or service requiring specialized knowledge rather than labour for hire. Count prior L time as well because the general L-1B maximum is five years, subject to regulatory exceptions and recapture rules. The common error is letting a customer's urgent date drive deployment after the petitioner has stopped directing the work; a valid earlier description does not automatically cover a materially different placement or extend the classification limit.

Hypothetical example: A cold-storage software company around Strathroy-Caradoc planned to send its deployment lead to an affiliate, but the project shifts to an unrelated warehouse whose manager wants daily control. Before he travels, the company documents the revised tasks, supervision, proprietary platform need, and time already spent in L status. If petitioner control cannot be maintained, it does not relabel customer staffing as knowledge transfer merely to preserve the launch date.