Matter of Name Not Provided
Sep 21, 2015OUTCOME: AAO Overturns L-1B Denial, Finding Beneficiary Possesses Specialized Knowledge
On September 12, 2014, the USCIS denied an L-1B visa petition, filed by a professional test services, products, and solutions entity, which sought to employ the beneficiary as a Senior R&D Engineer. Th ... e denial states, "Accordingly, the evidence of record is insufficient to establish that the U.S. position, Senior R&D engineer, involves a special or advanced level of knowledge in the information technology field. Viewed in its totality, the documentation submitted does not demonstrate by a preponderance of the evidence that the employment abroad was in a position that was managerial, executive, or involved specialized knowledge; that the beneficiary possessed specialized knowledge; and that the beneficiary's position in the United States involved specialized knowledge." On 9/15/15, the AAO issued an order sustaining the appeal, stating "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." Cite as AILA Doc. No. 15092101.
