sustained
L-1B
sustained L-1B Case: Information Technology
Decision Summary
The appeal was sustained because the petitioner successfully demonstrated on appeal that the beneficiary possesses specialized knowledge of its proprietary software. The petitioner provided detailed evidence of the beneficiary's long tenure, unique and comprehensive understanding of the patented software, his critical role with a key client, and charts comparing his advanced knowledge and salary to his peers.
Criteria Discussed
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Employment In The U.S. In A Specialized Knowledge Capacity Offsite Placement Requirements
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. U.S. Citizenship and Immigration Services MA TIER OF P-C-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: JUNE 26, 2018 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION : FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, an IT company that provides "high accuracy disambiguation, protiling, and recommendation" software applications to publishers and research ers, seeks to tempor arily employ the Benefici ary as its "Lead Software Deplo yment and Maintenance Engineer" under the L-1 B nonimmigrant classification for intracompany transferees. See Immigratio n and Nationality Act (the Act) section 101(a)(l5)(L), 8 U.S.C. ยง 1101(a)(15)(L). The L-1 B class ification allows a corporation or other legal entity (including its affiliate or subsidiary) to transf er a qualifying foreign employe e with "specialized 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: (1) possesses specializ ed knowledge ; (2) has been employed abroad as a manag er or exec utive , or in a specialized knowledge capacity ; and (3) will be employed in the United State s in a specialized knowl edge capacity. On appeal, the Petitioner fully explains the complexities associated with the type of softwar e it offers to its clients, pointing to its two patents relating to its propriet ary softw are - The Petition er describes in great er detail the nature of the Beneficiary 's specialized knowledge, pointing out that the. Beneficiary was initially hired as a "Tra inee Software Engineer" in 2007 and was ultimately promoted to his current position in _ 2015, after working with the foreign entity for over seven years and building his knowledge of its propri etary software to a level that is matched only by the employer's CEO. The Petitioner states that it would take least eight years of training and experience with its proprietary software and its applicati on within systems in order to attain the Beneficiary' s level of knowled ge. The Petition er also notes that the Beneficiary's knowledge of its proprietary softwa re is critical for its continu ed business with - a key client that comprised 70% of the foreign entity's revenue for the prior fiscal year- and points to the Beneficiary' s role as a key contributor to development of " the new generation" of the software and its deployment at The Petitioner also provides charts that compare the Benefic(ary's level of knowledge and salary to that of the softwa re engin eers within his division ; both charts indicat e that the Beneficiar y's level of knowledg e and salary surpass those of his co-workers. Although the knowledge comparison chart indicates that other software engineers within the company assist the Beneficiar y with various components of his job, none has the comprehensive understanding of the Petiti oner 's proprietary . Matter of P-C-, Inc. software and its application within s environment that is possessed by the Beneficiary; In sum, we tind that the record of proceeding, as supplemented by the Petitioner's sub mission on appeal, establishes that the Beneficiary possesses specialized knowledg e. Further, because we find that the Benefi ciary will apply his s pecialized knowledge of his e mployer's proprietary sotlware at the client's work site, his propo sed position meets the requirem ents of the Visa Refo rm Act. Accordingly, upon de novo review, we will sustain the appeal. ORDER: The appeal is sustained. Cite as Matter of P-C- , Inc., ID# 1386599 (AAO June 26, 2018) 2
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