u.s. citizenship non-precedent decision of the and immigration 2016-03-14آ  u.s. citizenship and...

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  • U.S. Citizenship and Immigration Services

    MATTER OF K-1-, INC.

    APPEAL OF VERMONT SERVICE CENTER DECISION

    Non-Precedent Decision of the Administrative Appeals Office

    DATE: FEB. 29, 2016

    PETITION: FORM I-129, PETITION FOR NONIMMIGRANT WORKER

    The Petitioner, a software development company, seeks to temporarily employ the Beneficiary as an Oracle Applications Specialist under the L-1 B nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) § 101(a)(15)(L), 8 U.S.C. § 1101(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 pet1t10n. The Director concluded that the evidence of record did not establish that the Beneficiary possesses specialized knowledge, that she has been employed abroad in a position involving specialized knowledge, and that she will be employed in the United States in a specialized knowledge capacity.

    The matter is now before us on appeal. In its appeal, the Petitioner asserts that the Beneficiary possesses advanced knowledge of its methods and processes for project execution and has been assigned to the same customer's projects for years, such that it would be unable to find anyone with her deep knowledge of its processes, procedures and methods for executing these specific projects. The Petitioner states that the evidence already submitted establishes the Beneficiary's eligibility and that it has no additional material to supplement the record.

    Upon de novo review, we will dismiss the appeal.

    I. THE LAW

    To establish eligibility for the L-1 nonimmigrant visa classification, a petitioner must meet the criteria outlined in section 101(a)(15)(L) of the Act. Specifically, a qualifying organization must have employed the beneficiary in a qualifying managerial or executive capacity, or in a specialized knowledge capacity, for one continuous year within the three years preceding the beneficiary's application for admission into the United States. In addition, the beneficiary must seek to enter the U.S. temporarily to continue rendering his or her services to the same employer or a parent, subsidiary, or affiliate of the foreign employer.

  • Matter of K-1-, Inc.

    If the beneficiary will be serving the United States employer in a managerial or executive capacity, a qualified beneficiary may be classified as an L-1 A nonimmigrant alien. If a qualified beneficiary will be rendering services in a capacity that involves "specialized knowledge," the beneficiary may be classified as an L-IB nonimmigrant alien. Section 101(a)(15)(L) of the Act, 8 U.S.C. § 1101(a)(15)(L).

    Section 214(c)(2)(B) of the Act, 8 U.S.C. § 1184(c)(2)(B), provides the statutory definition of specialized knowledge:

    For purposes of section 101(a)(15)(L), an alien is considered to be serving in a capacity involving specialized knowledge with respect to a company if the alien has a special knowledge of the company product and its application in international markets or has an advanced level ofknowledge of processes and procedures of the company.

    Furthermore, the regulation at 8 C.F.R. § 214.2(l)(l)(ii)(D) defines specialized knowledge as:

    [S]pecial 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.

    The regulation at 8 C.F.R. § 214.2(1)(3) states that an individual petition filed on Form I-129 shall be accompanied by:

    (i) Evidence that the petitioner and the organization which employed or will employ the alien are qualifying organizations as defined in paragraph (l)(l)(ii)(G) ofthis section.

    (ii) Evidence that the alien will be employed in an executive, managerial, or specialized knowledge capacity, including a detailed description of the services to be performed.

    (iii) Evidence that the alien has at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition.

    (iv) Evidence that the alien's prior year of employment abroad was in a position that was managerial, executive or involved specialized knowledge and that the alien's prior education, training and employment qualifies him/her to perform the intended services in the United States; however the work in the United States need not be the same work which the alien performed abroad.

    2

  • (b)(6)

    Matter of K-1-, Inc.

    II. SPECIALIZED KNOWLEDGE

    The primary issue addressed by the Director is whether the Petitioner established that the Beneficiary possesses specialized knowledge and whether she has been employed abroad, and will be employed in the United States, in a position that requires specialized knowledge.

    A. Facts

    The Petitioner filed the Form I-129 on March 16, 2015. The Petitioner indicated that its parent company, , earned over $400 million in revenue during 2014 and that it employs over 9,000 employees worldwide. The Petitioner stated that it and its affiliates are engaged "in the business of outsourced off-shore custom software development." The Petitioner stated that the Beneficiary worked for in India from March 2008 until April2014. 1

    On the L classification supplement to the Form I-129, the Petitioner stated that theBeneficiary will work at the Indiana worksite of and explained that it provides "IT, ERP, SAP, Oracle and SOX compliances services to as if [the Petitioner] was an in-house IT shop."

    In a letter dated March 11, 2015, the Petitioner stated that the Beneficiary has been employed abroad a senior software engineer and emphasized that she has "gained valuable specialized and advanced knowledge of our execution and methodologies for the The Petitioner explained that is our largest client and accounts for a substantial portion of our business." The Petitioner stated that refers to · which it described as "the ERP system for parts and services business," with "all the modules required for typical Manufacturing ERP system, right from employee payroll to complex order management system."

    The Petitioner stated that the Beneficiary's day-to-day responsibilities in India included:

    • Requirement analysis and design of the automatic PO creation and routing functionality.

    • Develop a code and writing unit and integration test cases. • Expedite a coding and development process by delegating tasks. • Support application's inventory domain for 7 months. • Work on the Projects involving enhancements/development for recent ·

    releases.

    1 The record shows that the Beneficiary was admitted to the United States in H-4 nonimmigrant status on April 24, 2014 . The Petitioner requested that she be granted a change of nonimmigrant status.

    3

  • (b)(6) Matter of K-1-, Inc.

    The Petitioner emphasized that the Beneficiary has a Bachelor of Engineering degree, as well as specialized and advanced knowledge of and asserted that "it would be unfeasible to train a US worker in the knowledge that [the Beneficiary] possesses, since the knowledge was gained overseas and required at least one year of experience at in India to gain it."

    The Petitioner indicated that the Beneficiary will be employed as an Oracle applications specialist in the United States assigned to work onsite at on the upgrade. The Petitioner stated that the Beneficiary "has been picked from all other [foreign employer] employees working on this project, based on our business judgement of her depth and breadth of knowledge." It described her proposed duties as follows:

    • Monitor the incident from Distributor business users and distribute them across to the team members as per their knowledge and availability.

    • Provide expert solutions to complex and urgent customer problems with highest accuracy in brisk manner.

    • Route the Incidents to specific groups which are not under the scope. • Address the customer issues/problems using Incident Management tool - Remedy by

    acknowledging the incident. • Conduct the meeting with customer to understand the issue/problem in detail to

    provide the best resolution. • Cooperate with team members for quicker query resolution of customer queries with

    first attempt. • Cooperate with the third party vendors which have interfaces with application. • Analyze, Integrate and Test application enhancement or bug fix release. • Conduct the client meetings for requirement gathering of new functionality or new

    application. • Prepare the understanding document which can be used by developer to understand

    the customer requirements.

    The Petitioner further described the Beneficiary's knowledge as follows:

    [The Beneficiary] is uniquely skilled due to the below defined areas as well as her advanced knowledge on the Manufacturing domain anct sub processes from the past 6+ years, her experience and expertise in conceptualization and designing of a complex system, her proficiency in techno-functional understanding and customization of products, her strong communication skills, it was found desirable that [the Beneficiary] should handle the enhancements of project as she has successfully done in the past as well, and made

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