What is Specialized Knowledge

An alien with specialized knowledge should possess a type of specialized or advanced knowledge that is different from that generally found in the particular industry. The knowledge need not be proprietary or unique. Where the alien has specialized knowledge of the company product, the knowledge must be advanced. Note, the advanced knowledge of the beneficiary need not be narrowly held throughout the company. There is no test of the U.S. labor market in determining whether an alien possesses specialized knowledge. Only an examination of the knowledge possessed by the alien is necessary.

A common specialized knowledge theme is that the knowledge the beneficiary possesses, whether it is knowledge of a company product or process, would be difficult to impart to another individual without significant inconvenience to the employer petitioner. The knowledge should be complex to some degree and not generally known. The petitioning employer bears the burden of proof in establishing through the submission of relevant evidence that the alien's specialized knowledge is distinguished by some uncommon qualification and not generally known by practitioners in the alien's industry. A petitioning employer's claim that the alien possesses an advanced level of knowledge must be supported by evidence showing that the knowledge in question is above and beyond elementary knowledge possessed by others.

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