L-1B Third Party Worksites
L-1B Offsite Employment and Third Party Client Locations
The special statutory restrictions when an L-1B employee works primarily at the worksite of an unaffiliated organization.
Direct answer
What the governing framework requires
An L-1B beneficiary may work at an unaffiliated client location, but INA §214(c)(2)(F) imposes additional restrictions when the beneficiary will be stationed primarily offsite. The petitioning organization must retain the required control and supervision, and the placement must be connected with the provision of a product or service for which the petitioner's specialized knowledge is necessary rather than an arrangement to provide labor for hire.
01 · Statutory Rule
Offsite L-1B employment has its own statutory restrictions
The L-1 Visa Reform Act added special requirements for beneficiaries stationed primarily at unaffiliated worksites.
The issue is not merely where the employee sits but who controls the work and why the beneficiary is placed there.
02 · Control and Supervision
The petitioning organization should principally control the beneficiary
The record should identify who assigns work, evaluates performance, approves leave, directs methods, manages deliverables, and retains personnel authority.
A conclusory statement that the petitioner controls the worker may be insufficient when the actual project documents suggest otherwise.
03 · Specialized Service
The placement should require specialized knowledge related to the petitioner's product or service
The beneficiary should not simply fill an ordinary client staffing need.
The petition should explain how specialized knowledge of the petitioner's own products, methods, services, systems, or processes is necessary at the client site.
04 · Labor for Hire
The relationship should not resemble ordinary staff augmentation
Where the unaffiliated client controls day-to-day work and the beneficiary performs duties based principally on the client's systems or needs, the arrangement can raise serious statutory concerns.
05 · Contracts
Client and vendor documents should support the petitioner's explanation
Master service agreements, statements of work, project descriptions, client letters, reporting structures, and deliverables can be important.
Inconsistency among these documents can undermine the claimed control structure.
06 · Evidence
Document both employer control and the specialized nature of the placement
- Statement of work
- Client agreement
- Project description
- Petitioner supervisor evidence
- Reporting procedures
- Performance review structure
- Petitioner product or service documentation
- Client confirmation where useful
Questions and answers
Frequently asked questions
Can an L-1B employee work at a client site?
Yes, potentially, but special statutory restrictions apply when the beneficiary is stationed primarily at an unaffiliated worksite.
Who must supervise an offsite L-1B employee?
The petitioning organization must retain the qualifying control and supervision required by the statute.
Is staff augmentation allowed?
An arrangement that is essentially labor for hire for an unaffiliated employer can violate the L-1B offsite restrictions.
Can the client assign some tasks?
The complete control arrangement matters. The petition should establish that the petitioner retains the required principal supervision and control.
Why are statements of work important?
They can show who controls the work, what service is being supplied, and why specialized knowledge is necessary.
Does specialized knowledge of the client's system qualify?
The offsite statute focuses on specialized knowledge related to the petitioning organization's product or service rather than ordinary labor supplied to the client.
Case-specific review
Review the worksite documents before filing
A review can identify control problems, client contradictions, and labor-for-hire risks in an offsite L-1B arrangement.
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