sustained L-1B

sustained L-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

Decision Summary

The Director initially denied the petition for failing to establish that the beneficiary possessed specialized knowledge. Upon de novo review, the AAO found that additional evidence submitted on appeal, detailing the beneficiary's knowledge of proprietary software and processes, was sufficient to prove specialized knowledge by a preponderance of the evidence, leading to the appeal being sustained.

Criteria Discussed

Specialized Knowledge

View Full Decision Text

U.S. Citizenship
and Immigration
Services
MATTER OF I-C-S-, INC.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: SEPT. 30,2016
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, an information technology services and consulting firm operating in the automotive
industry, seeks to temporarily employ the Beneficiary as . a senior engineer under the L-1 B
nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the
Act) § 101(a)(15)(L), 8 U.S.C. § 1101(a)(l5)(L). The L-IB 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 establish that the Beneficiary possesses specialized knowledge or that she has been
employed abroad and will be employed in the United States in a specialized knowledge capacity.
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and
contends that the Beneficiary holds specialized knowledge, including knowledge of the company's
proprietary software, electrical engineering processes, and experience with a major client that make
her knowledge uncommon.
Upon de novo review, we will sustain the appeal.
After reviewing the petition and the evidence of record, including materials submitted in support of
the appeal, we conclude that the Petitioner has now established by a preponderance of the evidence
that the Beneficiary possesses specialized knowledge and that she has been employed abroad and
will be employed in the United States in a position requiring specialized knowledge.
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains with the
petitioner. Section 291 of the Act, 8 U.S.C. § 136; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA
2013). Here, that burden has been met.
ORDER: The appeal is sustained.
Cite as Matter ofl-C-S-, Inc., ID# 12241 (AAO Sept. 30, 20106)

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