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TOWN OF LASALLE, ONTARIO · L-1B FIELD GUIDE

What happens if the new plant's launch schedule changes the assignment?

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THE DIRECT ANSWER

A materially different assignment should be reassessed rather than assumed to be covered by the original description.

Keep the assignment description current

Compare the revised plant milestone plan with the work the transferee was expected to perform during installation, training and operation. Identify whether a delayed opening changes only a date or also who directs the worker and what expertise the job requires. Record cancelled and replacement responsibilities explicitly, including any period in which the proposed training cannot occur. Send that revised sequence for immigration assessment before using an earlier approval as the answer for different work. Commercial readiness and immigration permission are separate conditions: neither an equipment delivery nor a scheduled training session establishes the other. Keep the employee’s actual status dates visible while the business reschedules, and determine the proper next step if the original assignment no longer exists.

Rebuild the assignment chronology when a plant milestone moves. Compare installation, training, trial production, and steady operation; identify remaining duties, supervision, and location. L-1B requires qualifying specialized-knowledge work, a parent, branch, subsidiary, or affiliate, and one continuous year of full-time work physically abroad within the relevant preceding three-year period. The general L-1B maximum is five years, subject to regulatory exceptions and recapture rules. The common error is changing dates on an old description while deleted launch duties leave a materially different job.

Hypothetical example: A LaSalle food-packaging line specialist was scheduled to transfer for commissioning, but equipment delivery now follows the proposed arrival. The companies should document whether preparatory work exists, whether the employee would instead fill ordinary production needs, and how revised training responsibilities use company-specific knowledge. For an initial new office, the American entity need not operate yet, but evidence must cover secured premises and the foreign organization’s ability to remunerate the beneficiary and commence business. Initial approval is up to one year. Do not describe later plans as work already available.