sustained L-1B Case: Cloud Security Architecture
Decision Summary
The appeal was sustained because the AAO disagreed with the Director's finding. The AAO concluded that the record demonstrated the Beneficiary's years of progressive experience, senior technical role on a small international team, and work on a proprietary global platform required a special knowledge of the company's technologies and an advanced knowledge of its internal processes, which was sufficiently different from others in the industry.
Criteria Discussed
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. MATTER OF V-T-S-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: MAY 23,2018 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129 , PET ITION FOR A NONIMMIGRANT WORKER The Petitioner , a provider of managed network services, seeks to temp orarily employ the Beneficiary as its "Senior Cloud Security Architect" under the L-1 B nonimmigrant classification for intracompany transferee s. Immigration and Nationality Act (the Act) sectio n I Ol(a)(I5)(L), 8 U.S.C. Β§ 110l(a)(15)(L). The L-IB classification allows a corporation or other legal entity (including its affiliate or subsidiary) to transferΒ· a qualifying foreign employee with "specia lized knowledge" to work temporarily in the United States. The Director of the California Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary possesses specialized knowledge, that he has been employed abroad in a position involving specialized knowledge , and that he will be emp loyed in the United States in a specialized knowledge capacity. On appeal, the Petitioner contends that the Di.rector's decision fails to address the Petitioner's primary claims regarding the Beneficiary's specialized knowledge and did not give proper weight to the supporting evidence. Upon de novo review of the record, we will sustain the appeal. Under the statute, a beneficiary is considered to have specialized knowledge if he or she has: (I) a "special" knowledge of the company product and its application in internationa l market s; or (2) an "advanced" level of knowledge of the processes and procedures of the company . Section 214(c)(2)(B) of the Act, 8 U.S.C. Β§ 1184(c)(2)(B). The Director found that the Petitioner did not establish that the Benefic iary possesse s knowledge in the software development field that is significantly different from that possessed by others in the industry. We disagree with this conclusion. The record show s that the Beneficia ry has years of progressive experience with the Petitioner's foreign subsidiary, including three years of experience as a senior security architect , where he has contributed to the development of a global platform recently launched by its parent company. The evidence in the record is sufficie nt to establish that the Benefic iary's senior technical role, in which he report s to the U.S.-based chief technol ogy officer and works on a small international team of engineers, require s hirn to have a special knowledge of the company's proprietary technologies and advanced knowledge of interna l . Matter of V- T-S-, Inc. and company-specific processes and procedures that are key to further development of the company 's proprietary platform and service portfolio. Further , the Petitioner sufficiently ditTerentiated the advanced knowledge required for the Beneficiary' s senior architect role from the more eleme.ntary knowledge possessed by other softwa re professionals within the company and within the industry at large. The Petitioner has established by a preponderance of the evidence that the Beneficiary was employed abroad in a position involving specialized knowledge, and that he will be employed in a specialized knowledge capacity in the United Stafes. ORDER : The appeal is sustained. Cite as Maller o.fV-T-S-. Inc., JD# 1280415 (AAO May 23, 2018) 2
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