sustained
L-1B
sustained L-1B Case: Agricultural Science
Decision Summary
The Director initially denied the petition, concluding that the petitioner failed to establish the beneficiary possessed specialized knowledge or would be employed in a specialized knowledge position. Upon de novo review, the AAO found the petitioner submitted sufficient evidence to demonstrate that the beneficiary does possess the required specialized knowledge. Therefore, the appeal was sustained, and the Director's decision was withdrawn.
Criteria Discussed
Specialized Knowledge
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MATTER OF V -, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: JAN. 26,2017 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a vegetable seed distributor, researcher, and developer, seeks to temporarily employ the Beneficiary as a carrot breeder under the L-1 B nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section 10l(a)(15)(L), 8 U.S.C. § 1101(a)(15)(L). The L-1B classification allows a corporation or other legal entity (including its affiliate or subsidiary) to transfer a qualifying foreign employee with "specialized knowledge" to work temporarily in the United States. The Director, California Service Center, denied the petition. The Director concluded that the Petitioner did not submit sufficient evidence to establish that the Beneficiary possesses specialized knowledge, or that he has been and would be employed in a specialized knowledge position. The matter is now before us on appeal. In its appeal, the Petitioner disputes the Director's findings through the submission of a brief and supporting evidence. Upon de novo review, we find that the Petitioner has provided sufficient evidence to overcome the sole basis for denial. Specifically, the Petitioner has demonstrated, by a preponderance of the evidence, that the Beneficiary possesses specialized knowledge and that he has been and would be employed in a specialized knowledge position. Therefore, we will withdraw the Director's decision and sustain the appeal. In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner in the instant case has sustained that burden. ORDER: The appeal is sustained. Cite as Matter ofV-, Inc., ID# 94920 (AAO Jan. 26, 2017)
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