Skip to content
SYLVAN LAKE · L-1B FIELD GUIDE

Does remaining on the petitioner’s payroll settle the customer-site rules?

Sources checked:

THE DIRECT ANSWER

No. Principal control and supervision and the labor-for-hire limitation require their own assessment. Payroll is one fact, not the complete offsite test.

Explain who directs the actual daily work

Identify who assigns tasks, supervises performance and determines the services delivered. For principally unaffiliated-site work, either prohibited control or an essentially labor-for-hire arrangement can defeat eligibility. Do not replace the real facts with a standard contract label.

Knowledge of a proprietary control system, its configuration conventions and its failure modes is knowledge of the petitioner's product; general controls or millwright competence is a trade skill. The U.S. position must require special knowledge of the company's products, services, research, equipment, techniques, management or other interests, or advanced knowledge of its processes and procedures, rather than ordinary occupational skill. Start with the actual process: versions of internal manuals, training modules, controlled procedures, project histories, and access records can explain why the knowledge is special or advanced. The analysis concerns whether the employee has qualifying special or advanced company knowledge and whether the proposed U.S. duties actually require it, assessed on the complete evidence presented.