sustained L-1B

sustained L-1B Case: Engineering

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ Engineering

Decision Summary

The appeal was sustained because upon de novo review, the AAO found that the petitioner provided sufficient evidence to establish the beneficiary possesses advanced knowledge of the petitioner's product development processes. The AAO further determined that this advanced knowledge is required for the U.S.-based position, which involves leading a team to simplify and standardize product design for global implementation.

Criteria Discussed

Specialized Knowledge Advanced Knowledge Position Requiring Specialized Knowledge

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View Full Decision Text
U.S. Citizenship 
and Immigration 
Services 
MATTER OF W- CORP 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 31,2017 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a manufacturer and marketer of major home appliances, seeks to extend the 
Beneficiary's temporary employment as an engineering manager under the L-1 B nonimmigrant 
classification for intracompany transferees. See Immigration and Nationality Act (the Act) ยง 
101(a)(15)(L), 8 U.S.C. ยง 1101(a)(l5)(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 of the California Service Center denied the petition, concluding that the Petitioner did 
not establish that the Beneficiary possesses specialized knowledge or that he was employed abroad 
and would be employed in the United States in a position requiring specialized knowledge. 
The matter is now before us on appeal. In its appeal, the Petitioner contends that the Beneficiary has 
both special and advanced knowledge and asserts that the Director erred in her interpretation of the 
law and its application to the facts presented. 
Upon de novo review, we find that the Petitioner has now provided sufficient evidence to establish 
that the Beneficiary has advanced knowledge of the Petitioner's product development processes 
gained during his 6 years of employment with its foreign subsidiary, where he last worked as a 
manager of product development and design. We further find that this advanced knowledge is 
required for the U.S.-based position. The Beneficiary will continue to be responsible for leading a 
team of engineers to simplify and standardize the product design and development process for one of 
the company's appliance product lines, which will then be implemented on a global basis. 
The record establishes that the Beneficiary possesses specialized knowledge and that he has been 
and will be employed in positions requiring specialized knowledge. Accordingly, we will withdraw 
the Director's decision and sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter qfW- Corp., ID# 221500 (AAO Mar. 31, 2017) 
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