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VAL-DES-MONTS · L-1B FIELD GUIDE

What evidence should a Val-des-Monts manufacturer file to prove its specialist’s knowledge is proprietary?

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THE DIRECT ANSWER

The company’s own manuals, design documents and change logs bearing his name, the training curriculum, the subsidiary’s failure records and a management letter explaining the nature and depth of his knowledge and how the company imparts it to others.

Let the company’s internal documents prove the claim

USCIS examiners are asked to decide whether knowledge is specialized on the basis of evidence, and the most persuasive evidence is material that would exist whether or not a petition were filed. The internal configuration manual the specialist wrote, dated design documents for the dashboard, a version-control or change log listing his contributions, and the training program he delivers to Canadian technicians all show both what the knowledge is and that he holds it. The subsidiary’s service tickets documenting misconfigured installations demonstrate the business need.

Payroll records prove the continuous year in Canada, and the position descriptions for the Canadian and U.S. roles should be specific to the proprietary system. A letter from the chief executive should estimate the time and cost of training a replacement and explain why remote support has not worked.

French-language documents require certified English translations when filed with USCIS. Generic industry certifications and a résumé listing years of experience are supporting material at most; on their own they describe a skilled technician, which is not the test.