Separate publication from expertise
Identify what the public material explains and what the applicant knows through actual work. The relevant knowledge must meet the applicable special or advanced definition. Secrecy, a patent reference or a nondisclosure agreement is not a substitute for that analysis. Prepare a knowledge map connecting the product or process, the applicant's developed expertise, its application, and the evidence source. Public material may give context without deciding what the employee knows.
Show application and depth
Use project records and supported explanations of the employee’s responsibilities and decisions. A person can read a description without having the same implementation expertise, but the case needs evidence of the applicant’s actual knowledge rather than an assertion of superiority. Training records, troubleshooting histories, and supervisor accounts can establish practical learning better than a résumé alone. The record must explain the applicant's own role.
Connect the proposed work
Describe the US tasks that require the knowledge and the applicant’s intended role. The assignment should not be generic duties presented as specialized merely because the employer publishes technical papers. Review the real work and supporting organization. Translate the U.S. assignment into concrete decisions and work products. Generic implementation cannot become specialized merely because the company uses technical language.
Establish the transfer requirements
Document the qualifying company relationship and required foreign employment. Specialized knowledge need not be unique worldwide, and a labour-market search is not the governing test. The full classification requirements still apply. Both entities must remain active. An offsite client placement must not be labour-for-hire and must remain controlled and supervised by the petitioner. A new-office petition is initially limited to one year and requires sufficient premises and capacity to support the role. Confirm ownership, control, and foreign employment before relying on technical exhibits. Sensitive material may be protected, but it must retain enough context to be intelligible.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
