Skip to content
SOOKE · L-1B FIELD GUIDE

Does an urgent staffing shortage establish L-1B eligibility?

Sources checked:

THE DIRECT ANSWER

Urgency explains a business need but does not establish the knowledge standard or the remaining conditions.

Describe the person selected

Identify the employee’s relevant expertise rather than relying on vacancy counts. The case should explain why the actual work involves qualifying knowledge, not simply why another worker would be useful.

L-1B is reserved for a person with special knowledge of the petitioning organisation's own product, service, research, equipment, techniques, management or other interests and their application in international markets, or with an advanced level of knowledge of its processes and procedures. L-1B requires qualifying organizations, qualifying prior employment abroad, and specialized knowledge connected to the organization; general industry skill or seniority need not satisfy that test. L-1B specialized knowledge must concern the company’s offerings or advanced knowledge of its procedures; ordinary skill with a public standard is insufficient, although public material does not automatically defeat the claim. The transferee must have been employed by the qualifying organisation abroad for one continuous year within the three years before filing, and the American and Canadian entities must stand in a parent, branch, subsidiary or affiliate relationship with both actively doing business.