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ERIN · L-1B FIELD GUIDE

When should an Erin employer start an L-1B for a plant assignment?

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THE DIRECT ANSWER

Before the corporate question is answered rather than after. If the joint venture does not produce a qualifying relationship, the whole plan changes, and that determination should be made first. Assignment start dates tied to an audit or a production ramp leave no room for a restructuring discussion.

Answer the structural question first

Sequence matters more than speed here. The first task is not drafting but a legal reading of the joint venture agreement, because everything else depends on whether the receiving entity is a qualifying organisation. If it is not, the options are to restructure the venture, to use a different entity in the group, or to abandon the L route, and each of those takes months and involves a counterparty who has no interest in immigration timelines.

Only once that is settled does the evidence-gathering begin: protocols, training records, validation files and an assignment description. The beneficiary must also have completed one continuous year of qualifying employment abroad with the group within the preceding three years, which should be verified from payroll at the start rather than assumed. Finally, count the ceiling.

L-1B status is capped at five years in total, so an assignment planned as open-ended needs an answer about what follows it, decided early rather than in the final year.