sustained L-1B Case: Software Development

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MATTER OF 1-G- INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION . . . 
Non-Precedent Decision of the 
Administrative Appeals Office · 
DATE: JAN.29,2019 / 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
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The Petitioner, a provider 9f custom software and web development services, seeks to temporarily 
employ the Beneficiary as a software engineer under the L-1 B nonimmigrant classification for 
intracompany transferees. Immigration and Nationality Act (the Act) section 10l(a)(l5)(L), 8 U.S.C. 
§ 1 I 0l(a)(l 5)(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 of the Vermont Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary possesses specialized knowledge, that he has been employed 
abroad in a position involving specialized knowledge, and that he will be employed in the United States 
in a specialized knowledge capacity. 
On appeal, the Petitioner contends that the Director's decision fails to address the Petitioner's 
primary claims regarding the Beneficiary's specialized knowledge and did not give proper weight to 
the supporting evidence. 
Upon de nova review of the record, we will sustain the appeal. 
Under the statute, a beneficiary is considered to have specialized knowledge if he or she has: (1) a 
"special" knowledge of the company product and its application in international markets; or (2) an 
"advanced" level of knowledge of the processes and procedures of the company. Section 
214(c)(2)(B) of the Act, 8 U.S.C. § 1184(c)(2)(B). 
The record shows that the Beneficiary has more than six years of progressive experience with the 
Petitioner's foreign parent, which has included more than three years assigned to an internal 
software development project. · While assigned to the project , the Beneficiary made key 
contributions to a significant re-design of the Petitioner ' s 
solution, a proprietary system that automates the company 's internal development processes and 
operations and allows it to seamless integrate with clients' ·systems during qevelopment projects. 
The Petitioner indicates that it requires his services · in the United States to further develop 
integration capabilities based on U.S. client requirements and specifications. · · 
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Matter of 1-G-, Inc. 
The Petitioner acknowledges that all of its technical personnel have user level access and familiarity 
with as it is used company-wide. However, the· Petitioner sufficiently demonstrated that the 
Beneficiary, based on his training, progressive experience, and unique work assignments, is one of 
few employees who possesses developer-level knowledge of the redesigned proprietary system and 
advanced knowledge of internal and conwany-specific processes and procedures that are automated 
in the system and critical to its continued development. 
Accordingly, the Petitioner has established by a preponderance of the evidence that the Beneficiary 
· possesses specialized knowledge,· that he has been employed abroad in a position involving 
specialized knowledge, and that he will be employed in a specialized knowledge capacity in the 
United States. · 
ORDER: The appeal is sustained. 
Cite as_ Matter of 1-G-, Inc., ID# 2000593 (AAO Jan. 29, 2019) 
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