sustained
L-1B
sustained L-1B Case: Semiconductor Technology
Decision Summary
The appeal was sustained because the petitioner provided additional evidence demonstrating the beneficiary possesses specialized knowledge. This was established through his progressive experience, contributions to product invention, being named as an inventor on multiple patents, and his position as one of a small number of technical leaders within the company's wireless group.
Criteria Discussed
Specialized Knowledge Employment Abroad In A Specialized Knowledge Capacity Employment In The U.S. In A Specialized Knowledge Capacity
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U.S. Citizenship and Immigration Services MATTER OF I-M-C-N-A- Non-Precedent Decision of the Administrative Appeals Office DATE: MAR. 6, 2018 APPEAL OF CALIFORNIA SERVICE CENTER DECISION PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a supplier of semiconductor memory technology, seeks to continue the Beneficiary's employment as its "WLAN Product Architect" under the L-1 A 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 L-IB 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 California Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary: (1) possesses specialized knowledge; (2) has been employed abroad as a manager or executive, or in a specialized knowledge capacity; and (3) will be employed in the United States in a specialized knowledge capacity. On appeal, the Petitioner explained in greater detail how the Beneficiary gained his specialized knowledge. The Petitioner discussed his progressive experience with the foreign entity and explained how he built on that experience to acquire knowledge of his employer's products and their application within the IT industry worldwide. Further, the Beneficiary contributed to product invention and the development of new processes and solutions. Seven patent applications name the Beneficiary among the short list of inventors of items that were either granted a patent or were patent pending, and of those seven applications, four were granted at the time this appeal was filed. The Petitioner also confirms that in a group of 1400 product architects, the Beneficiary is one ofless than 30 technical leaders in his employer's wireless connectivity solutions group. In sum, we find that the record of proceeding, as supplemented by the Petitioner's submission on appeal, establishes that the Beneficiary possesses specialized knowledge. Upon de novo review, we will sustain the appeal. ORDER: The appeal is sustained. Cite as Matter ofl-M-C-N-A-, ID# 1068751 (AAO Mar. 6, 2018)
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