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WARMAN · L-1B FIELD GUIDE

Can the worker change to any specialist assignment under an old management description in Warman?

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THE DIRECT ANSWER

Have the actual change and process assessed before relying on the work. A prior description is not unrestricted authorization for every new assignment.

Keep the intended services current

Accurate role evidence matters even where foreign and U.S. capacities need not be identical. L-1B stay is capped at five years.

Hypothetical example: a Warman firm that builds grain-bin moisture and temperature monitoring systems transfers an employee who was described abroad as a maintenance manager. The U.S. petition described specialized-knowledge work installing and tuning the firm's own software at prairie-state elevators.

After arrival the subsidiary asks the employee to spend most of the year training dealers on a distributor's unrelated product line because a colleague resigned. The foreign and U.S. capacities need not be identical, so a manager abroad can hold an L-1B provided the qualifying year abroad was in a managerial, executive or specialized-knowledge capacity.

What the old description cannot do is authorize work that is no longer specialized knowledge of the petitioner's product, process or procedures; training on a third party's product is general skill, however capable the employee is. The decision for the employer is whether the proposed assignment is a material change from what was petitioned, in which case an amended petition should be assessed before the assignment starts rather than after a site visit or a renewal filing exposes the gap. The five-year L-1B limit keeps running regardless of what duties are performed, so time spent on a non-qualifying assignment is time lost twice.

Keep the current role evidence accurate rather than relying on the flexibility between foreign and U.S. capacities.