sustained
L-1B
sustained L-1B Case: Technology Consulting
Decision Summary
The appeal was sustained because the petitioner successfully demonstrated that the beneficiary possesses the required specialized knowledge. The evidence submitted on appeal established that the beneficiary has advanced knowledge of the petitioner's proprietary product, which he conceptualized and developed, and that this knowledge was essential for a client project in the United States.
Criteria Discussed
Specialized Knowledge
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U.S. Citizenship and Immigration Services MATTER OF L- INC. APPEAL OF VERMONT SERVICE CENTER DECISION Non-Precedent Decision of the Administrative Appeals Office DATE: NOV. 10,2016 PETITION: FORM 1-129, PETITION FOR A NONIMMIGRANT WORKER The Petitioner, a business solution and technology consulting firm, seeks to extend the Beneficiary's temporary employment as a solution architect under the L-1 B nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section 101 (a)(15)(L), 8 U.S.C. ยง 110l(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, Vermont Service Center, denied the petition. The Director concluded that the evidence of record did not establish that the Beneficiary possesses specialized knowledge and that he was employed abroad and will be employed in the United States in a specialized knowledge capacity. The matter is now before us on appeal. On appeal, the Petitioner submits a detailed brief and asserts that the Beneficiary has advanced knowledge of its proprietary product and its implementation because he conceptualized and led the development of the technology. The Petitioner maintains that this specialized knowledge is needed for the offsite employment because the Petitioner will be engaged in the initial implementation of the product for a U.S. client. We conduct appellate review on a de novo basis. See Soltane v. DOJ, 381 F.3d 143, 145 (3d Cir. 2004). Upon reviewing the entire record of proceeding as supplemented by the Petitioner's submission on appeal, we conclude that the record now contains sufficient evidence to overcome the basis for the Director's decision. Specifically, the totality of the evidence establishes that the Beneficiary possesses specialized knowledge with respect to the Petitioner's proprietary product and its application in international markets. We find that the evidence of record establishes that the Beneficiary has been employed abroad and would be employed in the United States, and assigned to a client worksite, in a position requiring this specialized knowledge. In visa petition proceedings, the burden of proving eligibility for the benefit sought remains with the petitioner. Section 291 ofthe Act, 8 U.S.C. ยง 136; Matter ofOtiende, 26 I&N Dec. 127, 128 (BIA 2013). The Petitioner in the instant case has sustained that burden. Matter of L- Inc. ORDER: The appeal is sustained. Cite as Matter of L- Inc., ID# 22136 (AAO Nov. 10, 2016) 2
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