A materially different application of the protocol should be reassessed rather than assumed to be covered by the original description.
Update the assignment description if it changes
Obtain the receiving facility’s updated requirements and compare them with the assignment described in the file. Identify which tasks disappear, which are added and whether the employee will still apply the claimed company knowledge. Keep the previous specification as history, together with the date and reason for the change. Ask the case reviewer whether the proposed work or filing needs to be updated before the employee begins the revised assignment. A customer’s urgent production deadline is not immigration authorization. If the worksite or supervising arrangement also changes, disclose that separately because offsite placement conditions may need reassessment. Set the start sequence using the actual permission and approved arrangement, not merely the date the equipment becomes available.
Compare the revised assignment with the petition before fixing any schedule. Identify the receiving entity, supervisor, worksite, equipment, protocol tasks, and time allocation, then decide whether the claimed knowledge remains central. 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. New-office approval can last up to one year. At extension, demonstrate that business operations have begun in the United States. The general L-1B maximum is five years, subject to regulatory exceptions and recapture rules. Sequence reassessment, any required filing, authorization, travel, then work. The typical error is letting production urgency outrun material-change review.
Hypothetical example: A seed-treatment company outside Tecumseh transfers a formulation specialist, but facility installation is delayed and the company proposes a customer's plant under that customer's shift lead. Before changing course, the petitioner documents who assigns tasks, evaluates performance, and controls the process. If customer supervision would create labour for hire, the company redesigns the assignment rather than relying on the earlier description or five-year ceiling.
- USCIS — L classification documentation and evidence
- Department of State — 9 FAM 402.12
- 8 USC 1184 — specialized knowledge definition
- USCIS — employment authorization for certain spouses
- ICE — nonimmigrant classes that may study
- USCIS — fee schedule
- L-1 qualifying employment, new-office and owner rules — 8 CFR 214.2(l)
- USCIS specialized-knowledge guidance