Interim Decision #2881 

MATTER OF COLLEY, et al. 

In Visa Petition Proceedings 

PHI-N-8302-8305 

Decided by Commissioner June 19, 1981 

(1) Beneficiaries, employed as aerial survey pilot, survey pilot/ navigator, aerial photographer, and aerial camera operator, possessed the requisite "specialized knowledge" 

within the meaning of sectiqn 101(a)(15)(L) of the Immigration and Nationality Act, 

8 U.S.C. 1101(a)(15)(L), to be classified as intracompany transferees because their 

skills were necessary to operate the unique and unusually sophisticated aerial photography and computerized navigational system developed by the Canadian parent company. The petitioner has also demonstrated that all four beneficiaries have been employed by the parent company in excess of one year and that their services are essential 

for the successful operation of this particular equipment. 

(2) In Matter of Rautin, 13 I&N Dec. 618, and Matter of LeBlanc, 13 l&N Dec. 816, the 

oceupatinns did not inherently qualify the beneficiaries and the Service looked for 

elements beyond general job tasks and duties for the specialized knowledge related to 

the proprietary interests of the business, its management, and concerned skills or 

knowledge related to the proprietary interests of the business, its management, and 

concerned skills or knowledge not readily available in the job market. 

(3) Specialized knowledge must be relevant to the business itself and directly concerned 

with the expansion of commerce or it must allow a business to become competitive in 

overseas markets. Matter of Michelin Tire Corporation, 17 I&N Dec. 248 (R.C. 1978). 

(4) Most employees today are specialists and have been trained and given specialized knowledge; however, it can not he concluded that all employees,with specialized knowledge 

or performing highly technical duties are eligible for classification as intracompany 

transferees. 

ON BEHALF OF PETITIONER: Howard R. Scherer 

Montgomery, McCracken, 

Walker, and Rhoads 

Three Parkway 

Philadelphia 19105 

This matter is before me on certification from the Regional Commissioner in accordance with 8 CFR 103.4. 

The District Director found the beneficiaries eligible as intracompany. 

transferees under section 101(a)(15)(L) of the Immigration and Nationality Act, 8 U.S.C. I101(a)(15)(L), on October 21, 1980. The District 

Director reopened that decision based upon his motion, approved the 

visa petitions and certified the proceeding to the Regional Commissioner. 

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The Regional Commissioner affirmed the District Director's decision 

approving the visa petitions. 

The petitioner seeks to classify the beneficiaries as intracompany 

transferees based upon the claim that they possess specialized knowledge and that they have been employed by the Canadian parent firm for 

at least 1 year. The petitioner seeks to employ the beneficiaries in the 

following occupations: aerial survey pilot, survey pilot/navigator, aerial 

photographer, and aerial camera operator. The District Director 

approved the petitions based upon n broad interpretation of the term 

"specialized knowledge" and the fact that the beneficiaries possessed 

highly technical skills acquired and practiced over a period of years. The 

District Director also relied upon the Dictionary of Occupational Titles 

(U.S. Department of Labor, Employment and Training Administration, 

Fourth Edition, 1970) which classified the identified occupations as 

"Professional, Technical and Managerial." The District Director concluded "(t]he Service does not enhance it's responsibilities by attempting to narrowly draw terms left undefined, persumable [sic] on purpose, 

by the Congress." 

Section 101(a)(15)(L) of the Act, 8 U.S.C. 1101(A)(15)(L), reads as 

follows: 

(L) an alien who, immediately preceding the time of his admission into the United 

States, has been employed continuously for one year by a firm or corporation or other 

legal entity or an affiliate or subsidiary thereof and who seeks to enter the United 

States temporarily in order to continue to render his services to the same employer or a 

subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves 

specialized knowledge, 

The petitioner, Capital Air Surveys, Inc., was incorporated in the 

state of Delaware on February 22, 1980. It has obtained a Certificate of 

Authority from the Commonwealth of Pennsylvania authorizing the 

transaction of the business of conducting aerial land surveys. The petitioner is a wholly-owned subsidiary of Capital Air Surveys Limited, 

Pembroke, Ontario, Canada which was incorporated in that country in 

1957. The United States subsidiary specifically seeks aerial photography and survey work in this country thus expanding its business operation into the United States. The petitioner has one aircraft registered in 

the United States and has established a business office at 6241 Saltsburg 

Road, Pittsburgh, Pennsylvania. The value of the aircraft and the specialized aerial survey equipment is estimated to be $1,750,000 and 

$360,000, respectively. The petitioner's counsel states that the company 

has previously submitted bids for performance of aerial survey contracts in the United States and while these bids were not successful, it is 

the company's intention to establish'an ongoing business in the United 

states. 

The evidence and information furnished clearly establishes that the 

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petitioner is a bona fide business entity incorporated under laws of 

Delaware. The fact that the petitioner to date has not performed any 

actual business or work is not material In Matter of LeBlanc, 13 I&N 

Dec. 816 (R.C. 1971), the'Service determined that an alien beneficiary 

may be coming to the United States to establish an affiliate or subsidiary office and the affiliate or subsidiary need not be in existence or be 

operational at the time of admission. Furthermore, H.R. Rep. No_ 

91-851 in section 1(b) specifically- states that the provision was enacted 

to address the absence of statutory provision for "international executives to be admitted for temporary assignments with parent Companies, 

branches or affiliates . . ." The Report also refers to intracompany transfers for companies with "branches both in Canada and the United States" 

and freely uses the term international corporations throughout. There is 

no wording either in the Act or legislative history to indicate the L 

nonimmigrant visa category was to be limited to American parent 

corporations thus restricting the movement of foreign corporations and 

their investments into the United States. As a wholly owned subsidiary 

of a Canadian Company, I find that the petitioner may employ qualified 

employees under section 101(a)(15)(L), 8 U.S.C. 1101(a)(15)(L). 

The remaining issues are to determine whether or not the beneficiaries will be employed by the petitioner in an executive or managerial 

occupation or in a capacity involving specialized knowledge and that the 

beneficiaries have been employed by the same employer or affiliate or 

subsidiary thereof for one year prior to' their admission. The record of 

proceedings establishes that the petitioner has contracted to perform 

high altitude jet photography for Teledyne Geotronics of Long Beach, 

California. The altitude will range from 42,000 to 48,000 feet.' The petitioner claims that the use of its equipment and process requires specialized knowledge well outside the parameters of a traditional survey pilot, 

navigator, or camera operator and that the terms of contract require the 

use of highly complex equipment. 

The term specialized knowledge is not defined by statute. H.R. Rep. 

No. 91-851 also fails to provide a precise definition of the term but the 

-Report does state that the purpose of the L provision is to facilitate the 

admission of "key personnel" and "managerial personnel." The Report 

furthermore states: "The class of persons eligible for such nonimmigrant 

visas is narrowly drawn and will be carefully regulated and monitored 

by the Immigration and Naturalization Service."•Thus, the intent of 

Congress was not to authorize the admission of all employees. 

The modern workplace requires a high proportion of technicians and 

specialists. Most employees today are specialists and have been trained 

and given specialized knowledge. However, in view of the House Report, 

it cannot be concluded that all employees with specialized knowledge or 

performing highly technical duties are eligible for classification as intra119 
Interim Decision #2881 

company transferees. The House Report indicates the employee must 

be a "key" person and associates this employee with "managerial 

personnel." 

In Matter of Raulin 13 I&N Dec. 618 (R.C. 1970), an L-1 nonimmigrant visa classifications was accorded to an executive secretary. In 

Matter of LeBlanc, 13 I&N Dec. 816 (R.C. 1971), a sales assistant was 

determined to be eligible for classification as an intracompany transferee. 

In both of these decisions, the Service did not find that the occupations 

inherently qualified the beneficiaries for the classification sought and 

looked for elements beyond general job tasks and duties. Both decisions 

reste d on a finding that the beneficiaries had essential knowledge of the 

business's product or service, management operations, decision making 

process, or similar elements. In other words, the specialized knowledge 

related to the proprietary interests of the business, its management, 

and concerned skills or knowledge not readily available in the job market. 

Similarly, in Matter of Michelin Tire Corporation 17 I&N Dec. 248 

(R.C- 1978), the Service found that the specialized knowledge must be 

relevant to the business itself and directly concerned with the expansion 

of commerce or it must allow a business to become competitive in overseas markets. In that case, the Service denied classification to a highly 

educated and experienced teacher who was to instruct the children of 

French employees in order that the students not retrogress in their 

studies upon their return to the French educational system. 

The petitioner in this proceeding has furnished additional evidence 

and information which demonstrates that it is involved in unusually 

sophisticated aerial photography and that it uses a computerized navigational and camera operating system known as a dual channel digital 

control system. The system was developed by the parent company and a 

patent is being sought. The system is unique to the company although 

perhaps two other similar systems exist in North America. The Chief, 

Procurement Section, Contract Management 'Division of the U.S. 

Geological Survey has confirmed that the camera operation and navigational systems used in high altitude jet photography are essentially 

developed "in house" by the companies engaged in such photography 

and that systems are not commercially available at this time. The petitioner has also demonstrated that all four beneficiaries have been 

employed by the parent company in excess of 1 year and that their 

services are essential for the successful operation of this particular 

equipment. 

In view of the foregoing discussion, I find the beneficiaries to be 

involved in duties which are necessary in order for the company to 

remain competitive, that those duties related directly to the product or 

service of the company, and that the beneficiaries have specialized knowledge of the equipment and particular techniques used by the petitioner 

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and which are within the proprietory knowledge of the petitioner. I, 

therefore, find the beneficiaries eligible for the classification sought. 

ORDER: The petitions are approved. 

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