sustained L-1B Case: Plastics Molding
Decision Summary
The Director denied the petition, finding the petitioner did not establish that the beneficiary's position required specialized knowledge. Upon review, the AAO concluded that the totality of the evidence established the beneficiary has special knowledge of the petitioner's product and its international applications, and the U.S. position requires this knowledge. Therefore, the AAO withdrew the Director's decision and approved the petition.
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U.S. Citizenship and Immigration Services MATTER OF M-P-, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: SEPT. 14,2016 CERTIFICATION OF VERMONT SERVICE CENTER DECISION PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a plastics molding firm, seeks to temporarily employ the Beneficiary as a sales account manager under the L-1 B nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section 101(a)(15)(L), 8 U.S.C. ยง 1101(a)(15)(L). The Lยญ IB classification allows a corporation or other legal entity (including its affiliate or subsidiary) to J transfer a qualifying foreign employee with "specialized knowledge" to work temporarily in the United States. The Director, Vermont Service Center, denied the petition, concluding that the Petitioner did not establish that the Beneficiary has been, or will be, employed in a position requiring specialized knowledge. We withdrew the Director's decision and remanded the petition to the Director for further action. After receiving the Petitioner's response to a request for evidence, the Director denied the petition. The matter is now before us on certification. Upon review, we will withdraw the initial decision of the Director, Vermont Service Center, and approve the petition. 1 Specifically, the totality of the evidence now establishes that the Beneficiary has special knowledge of the Petitioner's product and its application in international markets and that she has been employed abroad and would be employed in the United States in a position requiring this specialized knowledge. In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. ยง 136; Matter of Otiende, 26 I&N Dec. 127, 128 (BIA 2013). The Petitioner in the instant case has sustained that burden. 1 We note that it does not appear from the record that the Petitioner was provided a notice of the certification and an opportunity to submit a brief within 30 days. In accordance with 8 C.F.R. ยง 1 03.4(a)(3), we are suspending the 30-day period for submission of a briefto take favorable action to the affected party. Matter of M-P-, Inc. ORDER: The initial decision of the Director, Vermont Service Center, dated July 20, 2016, is withdrawn, and the petition is approved. Cite as Matter of M-P-, Inc., ID# 101681 (AAO Sept. 14, 2016) 2
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