sustained L-1B

sustained L-1B Case: Mobile Application Development

📅 Date unknown 👤 Company 📂 Mobile Application Development

Decision Summary

The appeal was sustained because upon de novo review, the AAO found that the petitioner provided sufficient additional evidence on appeal. This new evidence successfully established that the beneficiary possesses specialized knowledge and that both her prior employment abroad and her proposed employment in the U.S. involve this specialized knowledge, thereby overcoming the director's initial grounds for denial.

Criteria Discussed

Specialized Knowledge Qualifying Employment Abroad Qualifying Employment In The United States

View Full Decision Text

U.S. Citizenship
·and Immigration
Services
MATTER OF B- INC.
Non-Precedent Decision of the
Administrative Appeals Office
, DATE: OCT. 4, 2016
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a mobile dating application developer, seeks to temporarily employ the Beneficiary as
its director of marketing under the L-1 B nonimmigrant classification for intracompany transferees.
See Immigration and Nationality Act (the Act) section 10l(a)(15)(L), 8 U.S.C. § 1101(a)(15)(L).
The L-1 B 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: (1) the Beneficiary possesses specialized knowledge; (2) the
Beneficiary's employment abroad involved specialized knowledge; and (3) the Beneficiary's
employment in the United States will involve specialized knowledge.
The matter is now before us on appeal. In its appeal, the Petitioner submits additional evidence and
asserts that the Beneficiary possesses special knowledge, and that she has been and will be employed
in a position involving specialized knowledge.
Upon de novo review, we will sustain the appeal.
After reviewing the entire record of proceeding, including the Petitioner's submissions on appeal, we
conclude that the record contains sufficient evidence to overcome the basis for the Director's
decision. Specifically, the totality of the evidence now establishes that the Petitioner has satisfied
/the legal criteria regarding the Beneficiary's qualifying employment abroad, her possession of
specialized knowledge, and her qualifying employment with the Petitioner.
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. § 1361. Here, the Petitioner has sustained that burden.
ORDER: The appeal is sustained.
Cite as Matter of B- Inc., ID# 11979 (AAO Oct. 4, 20 16)

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