sustained L-1B Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 0-H- INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: APR. 12,2018 
APPEAL OF CALIFORNIA SERVICE CENTER DECISION 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a provider of software development and visual content creation services, seeks to 
temporarily employ the Beneficiary as its "Product Development Engineer (Customizers)" under the 
L-1 B nonimmigrant classification for i'ntracompany transferees. See Immigration and Nationality 
Act (the Act) section IOI(a)(IS)(L), 8 U.S.C. §I IOI(a)(IS)(L). The L-IB classification allows a 
corporation or other legal entity (including its aftiliate 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: (I) 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 asserts that the Beneficiary has special and advanced knowledge of its 
proprietary customizer platform and was the lead architect and developer of the platform. 
Upon de novo review, we will sustain the appeal. 
In its appeal, the Petitioner further explains the Beneficiary's progressive experience leading up to 
and including his employment with its foreign aftiliate, pointing to his pivotal role in building and 
developing a key proprietary customization platform that is used to create product and retail 
environment "customizers" for its clients in the sporting goods and retail industries. The Petitioner 
emphasizes that the Beneliciary reports directly to the company's CEO and has the discretionary 
authority to make changes to the proprietary platform to better tit client needs. The Petitioner also 
confirms that that the Beneficiary would be the only engineering employee within the U.S. 
organization with experience in the development and use of the customizer platform he created, and 
explains that it could take up to one year "of active cooperation" with the Beneficiary to acquire the 
knowledge that is necessary to further develop the proprietary platform as the company expands this 
service otlcring to additional clients. 
The Petitioner has provided detailed, consistent, and credible explanations of the Beneficiary's 
duties, its customizer platform, and the nature of his specialized knowledge, as well as evidence that 
confirms the Beneficiary's lead role in the platform's development. In sum, we tind that the record 
Maller of 0-H- Inc. 
of proceeding, as supplemented by the Petitioner's submission on appeal, establishes that the 
Beneficiary possesses specialized knowledge. 
ORDER: The appeal is sustained. 
Cite as Mailer ofO-H-Inc, ID# 1107391 (AAO Apr. 12, 2018) 
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