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ELNORA · L-1B FIELD GUIDE

Can a substitute employee use the selected worker’s project timetable as permission?

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THE DIRECT ANSWER

No. A staffing substitution does not establish the substitute’s eligibility or authorization. The individual history, knowledge and actual assignment need assessment.

Plan the replacement using the real person

An urgent delivery schedule cannot transfer another worker’s approval. Identify the appropriate process before the substitute begins U.S. work.

The adjudication step is predictable: an individual L-1B petition with premium processing receives a decision within the published premium window, and a Canadian citizen then presents the approval notice at a port of entry without a consular appointment. Build the schedule from the fixed points: the date the employee completes one continuous year of qualifying employment abroad within the preceding three years, the date the internal evidence is actually assembled, and realistic adjudication times, noting that premium processing changes decision speed only. When an L-1B worker is stationed primarily at an unaffiliated worksite, the unaffiliated employer cannot principally control and supervise the worker, and the placement cannot be essentially an arrangement to provide labour for hire rather than to use the petitioner’s specialized knowledge. Confirm the underlying transfer elements too: one continuous qualifying foreign year within the relevant three years, an active parent, branch, subsidiary, or affiliate relationship, and petitioner control over the assignment.