sustained L-1B Case: Software Solutions

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 3-, INC. 
APPEAL OF VERMONT SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 19,2017 
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER 
The Petitioner, a developer of online software learning solutions, seeks to temporarily employ the 
Beneficiary as a "Financial Analyst II" under the L-1 B nonimmigrant classification for intracompany 
transferees. See Immigration and Nationality Act (the Act) section 101(a)(l5)(L), 8 U.S.C. 
§ 1101(a)(l5)(L). The L-lB 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 has specialized knowledge, that he been employed abroad 
in a position involving specialized knowledge or that he would be employed in a specialized 
knowledge capacity in the United States. 
On appeal, the Petitioner submits supplementary evidence and asserts that the Director failed to 
review the totality of the evidence and adjudicate according to the preponderance of the evidence 
standard. The Petitioner asserts that the Beneficiary holds advanced knowledge of the company's 
internal processes, procedures, and proprietary products required to perform the duties of the offered 
position. 
Upon de novo review, we will sustain the appeal. 
I. LEGAL FRAMEWORK 
To establish eligibility for the L-1 B nonimmigrant visa classification, a qualifying organization must 
have employed the beneficiary "in a capacity that is managerial, executive, or involves specialized 
knowledge," for one continuous year within three years preceding the beneficiary's application for 
admission into the United States. Section 101(a)(15)(L) of the Act. In addition, the beneficiary 
must seek to enter the United States temporarily to continue rendering his or her services to the same 
employer or a subsidiary or affiliate thereof in a specialized knowledge capacity. !d. 
The relevant statutory definition states that a beneficiary is considered to be serving in a capacity 
involving specialized knowledge with respect to a company if the beneficiary has a special knowledge 
of the company product and its application in international markets or has an advanced level of 
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Matter C?f 3-, Inc. 
knowledge of processes and procedures of the company. Section 214(c)(2)(8) of the Act, 8 U.S.C. 
§ 1184( c )(2)(8). 
Specialized knowledge is also defined as knowledge possessed by an individual of the petitioning 
organization's product, service, research, equipment, techniques, management, or other interests and its 
application in international markets, or an advanced level of knowledge or expertise in the 
organization's processes and procedures. 8 C.F.R. § 214.2(l)(l)(ii)(D). 
An individual L-1 B classification petition must be accompanied by evidence that: ( 1) the petitioner 
and the foreign employer of the beneficiary are qualifying organizations; (2) the beneficiary has been 
employed abroad in a position that was managerial, executive, or involved specialized knowledge 
for at least one continuous year in the three years preceding the filing of the petition; (3) the 
beneficiary is coming to work in the United States in a specialized knowledge capacity for the same 
employer or a subsidiary or affiliate of the foreign employer; and ( 4) the beneficiary's prior 
education, training and employment qualifies him or her to perform the intended services in the United 
States. 8 C.F.R. § 214.2(1)(3). 
II. DISCUSSION 
The sole issue to be addressed is whether the Petitioner established that the Beneficiary possesses 
specialized knowledge and whether he has been employed abroad, and will be employed in the 
United States, in a specialized knowledge capacity . The Petitioner claims that the Beneficiary has 
advanced knowledge of the company's internal processes and procedures . 
The Petitioner and its foreign affiliates provides proprietary software solutions for e-Learning and 
explained that "what is unique and distinct about our business is the combination of systems 
integrated with our product offering across multiple vertical libraries and customer segments. '' The 
Petitioner explains that its platform has 7 million annual visitors, 6,000 product offerings across 13 
vertical markets, servicing 350,000 consumers , 1,000 resale partners and 2,000 business customers. 
The Petitioner emphasizes that it has developed complex and highly specialized internal business 
processes and systems needed to "market . monetize and allocate resources'' within this business 
model, and states that the offered position requires advanced knowledge of its proprietary products, 
internal systems, and financial methods and processes. 
The record reflects that the Beneficiary has been employed by the Petitioner's foreign affiliate for 
over four years and has been responsible for contributing to the company's database 
repository and developing management tools used to measure and analyze financial and operational 
information across produCt groups, customers, vendors, and marketing channels. The company's 
vice president of marketing explained that the Beneficiary "leads the financial analysis of [the e­
commerce] department 's goals and metrics , which contributes over 50% of company revenues. " 
Further, the Petitioner 's appeal includes evidence that the Beneficiary co-chairs a team of analysts 
within the department and developed a management dashboard used by the entire e-commerce team 
to access targeted financial and marketing information. 
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Matter of 3-, Inc. 
The Petitioner explains that it now requires the Beneficiary's advanced knowledge of the company's 
processes for financial analysis, marketing analytics, and e-commerce strategy in the United States 
and provides a detailed description of the U.S.-based strategic initiatives and transformation projects 
that will require this expertise. 
The Petitioner has made detailed, consistent, and credible claims regarding the Beneficiary's 
specialized knowledge, and we find that the totality of the record, including new evidence submitted 
on appeal which provides more detailed descriptions and evidence of the Beneficiary's duties. 
previous and proposed projects, and work product, substantiates the Petitioner's claim that the 
Beneficiary possesses advanced knowledge of the company's internal financial processes. Further, 
the Petitioner has demonstrated that, based on the complexity of company's business model, the 
financial tools, systems, and processes are highly tailored to the petitioning organization and require 
knowledge that would not be generally found in the industry or readily acquired through training. 
Accordingly, the record of proceeding now contains sufficient evidence to overcome the basis for 
the Director's decision. 
III. CONCLUSION 
The Petitioner has established that the Beneficiary possesses specialized knowledge, and that his 
employment both abroad and in the United States requires specialized knowledge. 
ORDER: The appeal is sustained. 
Cite as Matter of3-, Inc., ID# 528424 (AAO Oct. 19, 2017)