u.s. citizenship non-precedent decision of the and immigration 2016-06-02¢ u.s....
Post on 26-Mar-2020
Embed Size (px)
U.S. Citizenship and Immigration Services
MATTER OF K-I-, INC.
APPEAL OF VERMONT SERVICE CENTER DECISION
Non-Precedent Decision of the Administrative Appeals Office
DATE: MAY 24,2016
PETITION: FORM I-129, PETITION FOR A NONIMMIGRANT WORKER
The Petitioner, a New Jersey corporation operating a software consulting business, seeks to extend the Beneficiary's temporary employment as a business analyst under the L-IB nonimmigrant classification for intracompany transferees. See Immigration and Nationality Act (the Act) section IOI(a)(IS)(L), 8 U.S.C. § IIOI(a)(IS)(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 petitwn. The Director concluded that the Petitioner did not establish that: (I) the Beneficiary has specialized knowledge or that he has been employed primarily in a specialized knowledge capacity at the foreign entity; and (2) the Beneficiary 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 submits a brief and asserts that the Beneficiary possesses specialized and advanced knowledge, and that he has been and will be employed in a specialized knowledge capacity.
Upon de novo review, we will dismiss the appeal.
I. LEGAL FRAMEWORK
To establish eligibility for the L-1 nonimmigrant visa classification, a qualifying organization must have employed the Beneficiary in a managerial or executive capacity, or in a specialized knowledge capacity, for one continuous year within three years preceding the Beneficiary's application for admission into the United States. Section IOI(a)(IS)(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 managerial, executive, or specialized knowledge capacity. !d.
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-IA 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-1 B nonimmigrant alien. !d.
Matter of K-1-, Inc.
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 IOI(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 of knowledge 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, Petition for a Nonimmigrant Worker, 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) of this 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 quali.fies 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.
II. SPECIALIZED KNOWLEDGE
The Director denied the petition based on a finding that: (I) the Beneficiary did not possess specialized knowledge; and (2) the Beneficiary had not been employed abroad and would not be employed in the United States, in a position that involves specialized knowledge.
Matter of K-1-, Inc.
A. Evidence ofRecord
The Petitioner filed the Form I-129 on February 13, 2015, indicating that it currently has over 9,000 employees worldwide1 and an estimated gross annual income of $400 million worldwide. The Petitioner stated that the Beneficiary will be working as a business analyst.
In support of the petition, the Petitioner submitted a letter, dated February 5, 2015, stating that the Beneficiary will be working on the Labor Reporting System (LRS) for its client, The Petitioner stated that the LRS interacts with the time and attendance data (eTime) and general ledger (GL) to get the data of the time and attendance, salary, head count, income, and expenses, and stated that it also computes the cross charges for various research and development departments to generate the various kinds of financial reports and send the cross charges file to the GL, along with receiving the actual employee salaries for calculating the correct government project billing dollars. The Petitioner went on to describe eTime, GL, and the Government Bids Approval Management System (GBAMS).
The Petitioner stated that "[a] new integration needs to be developed which requires all these 3 systems in order to have better Labor reporting system and support all needs of the compliance," and described the Beneficiary's proposed duties in the United States as follows:
• Work on Problem Requests and Change Requests rose while testing. Study the System Design Documents (SDR) and implement the changes in the current software, involves analysis & modifications in current software and design document (SDR).
• Modifications to existing functions initiated by Problem Report/Change Request (PRCR) and maintaining product compatibility.
• Prepare Business Requirement Document (BRD) and then translate into functional specifications and test plans.
• Closely coordinate with both business users and developers for amvmg at a mutually acceptable solution.
• Government audit support for the labor reporting website data. • LRS month end close support to make sure that all systems are performing well
and meeting the deadlines. • Follow the ITPM (Information Technology Project Management) process for
project execution related to LRS application. • Prioritize the defects and write business requirements to resolve them. • Conduct sessions with management, SME, vendors, users and other stakeholders
for open and pending issues. • Develop Systems Specifications document to define the impact. of the new
requirements on the existing system.
1 Although the Form 1-129. specifically asks for the "current number of employees in the U.S.," the Petitioner did not provide that number.
Matter of K-1-, Inc.
• Review test plans and test cases and ensure test cases reflect user needs. Also responsible for conducting user training and user acceptance testing to ensure and verify system is designed according to user needs. .
• Suggest the measures and recommendations to improve the current application performance.
• Conduct sessions for created Use Cases, work flows, screen shots and Power Point presentations for the Web Applications.
• Create UAT plans with several test cases for each project to ensure that the system runs smoothly after the proposed enhancements or changes have been made.
• Reviewtest results and coordinated with testing and development team to correct the issues.
• Develop timelines for project delivery, and managed projects/resources[.] • Manage schedules, deadlines and resources and collaborate on the project. • Interact with the developers on resolving the reported bugs and various technical
The Petitioner went on to list the tools and technologies "proprietary to [the Petitioner]" that the Beneficiary will use, as follows:
1. form modernization tool: To convert forms into latest form versions. There are many database applications in that use this [Petitioner's] developed tool for migration to the latest forms version.
2. LRS (Labor Reporting System), eTime and GL (General Ledger) systems for employee's project time and dollar tracking. Need to develop new systems based on this integration.
4. Experience in facilitating Joint Requirement Planning (JRP) sessions with Business User Groups, conducting Joint Application Development (JAD) sessions with IT Groups and Conflict Management with Project team members.
5. In depth knowledge Rational Unified Process (RUP) methodology, Use Cases, So