sustained L-1B Case: Mobile Security Technology
Decision Summary
The appeal was sustained because the petitioner provided detailed, consistent, and credible evidence of the beneficiary's 13 years of progressive experience within the company. The AAO concluded that this evidence established that the beneficiary possesses an advanced level of knowledge of the company's processes and procedures, and that both his prior position abroad and his current U.S. position require this specialized knowledge.
Criteria Discussed
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U.S. Citizenship
and Immigration
Services
MATTER OF G-&8-M-S-A-, INC.
APPEAL OF VERMONT SERVICE CENTER DECISION
Non-Precedent Decision of the
Administrative Appeals Office
DATE: APR. 12,2018
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a mobile security technology company, seeks to temporarily employ the Beneficiary as
a technical project manager and extend his status under the L-1 B nonimmigrant classilication for
intracompany transferees. 1 See Immigration and Nationality Act (the Act) Β§ I 01 (a)(I5)(L),
8 U.S.C. Β§ IIOI(a)(l5)(L). The L-113 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 Vermont Service Center denied the petition, concluding that the Petitioner did
not establish, as required, that the Beneficiary possesses specialized knowledge, that he was
employed abroad in a capacity that was managerial, executive, or involved specialized knowledge
for at least one year, or that he would be employed in a specialized knowledge capacity in the United
States.
On appeal, the Petitioner contends that the Director overlooked key evidence and that the denial
decision was factually flawed, improperly reasoned, and did not apply the preponderance of the
evidence standard to the case.
Upon de novo review, we will sustain the appeal.
A beneficiary is considered to be serving in a capacity involving specialized knowledge with respect to
a company if the beneficiary has special knowledge of the company product and its .application in
international markets or has an advanced level of knowledge of processes and procedures of the
company. Section 214(c)(2)(B) of the Act, 8 U.S.C. Β§ I 184(c)(2)(B).
The Beneficiary in this matter has 13 years of progressive experience with the Petitioner's group of
companies, including five years as a research & development engineer and live years as a senior
customer product manager and technical product manager. The Petitioner has submitted detailed,
1
The Beneficiary was granted an L-1 visa under a blanket L petition and entered the United States to work for the
mobile security division of the Petitioner's U.S. parent company in 2015. The Petitioner. formerly the mobile security
division of its parent, was incorporated as a stand-alone company in 2016 and filed an amended blanket petition. The
Petitioner seeks to extend the Beneficiary's L-1 B status through October 2018 and indicates there have been no changes
to the Beneficiar{s position.
Mauer of G-&D-M-S-A-. Inc.
consistent and credible descriptions of his current and prior assignments which show how he gained
advanced knowledge of the processes and procedures needed to assimilate and integrate the Petitioner's
proprietary mobile security technology with client plat!om1s and protocols. The Petitioner has also
explained and documented the Beneficiary's special assignments, which include developing and
delivering training in his areas of expertise.
The Petitioner has established that the Beneticiary has expertise in the organization's processes and
procedures that is greatly developed or further along in progress, complexity, and understanding in
comparison to other workers in the Petitioner's operations. Further, the record sufficiently
demonstrates that both his prior position abroad and hisΒ· U.S. position require this advanced
knowledge.
The Petitioner has established that the Beneliciary possesses specialized knowledge, and that his
employment both abroad and in the United States requires specialized knowledge.
ORDER: The appeal is sustained.
Cite as Maller ofG-&D-M-S-A-. Inc .. lD# 1146524 (AAO Apr. 12, 2018)
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