sustained
L-1B
sustained L-1B Case: Software Engineering
Decision Summary
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary possesses specialized knowledge. The petitioner showed the beneficiary's experience is infrequently encountered, critical to the company's products, and that both the prior work abroad and intended U.S. employment involve this specialized knowledge.
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 Q- INC.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: OCT. 3, 2018
APPEAL OF CALIFORNIA SERVICE CENTER DECISION
PETlTION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a software-as-a-service provider, 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 IOl(a)(IS)(L), 8 U.S.C. Β§ l lOl(a){lS)(L). The L-18
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 asserts that the Director erred by making unwarranted conclusions.
Upon de novo review, we will sustain the appeal.
In its appeal, the Petitioner demonstrates that it had submitted information which the Director had
found was absent from the record, such as a comparison of the Beneficiary's qualifications to those
of other employees at the company. The Petitioner has shown that the Beneficiary's experience is
infrequently encountered and also critical to the products that the Beneficiary is helping to develop,
implement, and improve. The Petitioner cited the Beneficiary's multifaceted expertise and wideΒ
ranging knowledge of one of the company's flagship products.
The Petitioner has provided detailed, consistent, and credible explanations of the Beneficiary's
duties, the company's products, and the nature of the Beneficiary's specialized knowledge. In sum,
we find that the record of proceedings, as supplemented by the Petitioner's submission on appeal,
establishes that the Beneficiary possesses specialized knowledge, and that his work abroad and his
intended employment in the United States involve that knowledge.
ORDER: The appeal is sustained.
Cite as Matter ofQ- Inc., ID# 1691198 (AAO Oct. 3, 2018) Use this winning precedent in your petition
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