sustained L-1B

sustained L-1B Case: Information Technology

๐Ÿ“… Date unknown ๐Ÿ‘ค Company ๐Ÿ“‚ 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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