No automatic conclusion follows. The actual special or advanced knowledge and qualifying employment must be assessed on genuine facts and records.
Distinguish familiarity from the legal requirements
Explain what the applicant learned and applied in actual duties and identify the relevant employment period. Family association and personal trust do not replace the required knowledge, company or employment evidence.
Specialized knowledge means special knowledge of the petitioning organization’s product, service, research, equipment, techniques or management, or an advanced level of knowledge of its processes and procedures. The standard includes special product knowledge and international application or advanced organizational process or procedure knowledge. Skill in welding, even at an advanced level, is general expertise. Distinguish reading a standard instruction from diagnosing exceptions and choosing a recovery sequence based on company experience. Identify the company-specific knowledge that the employee will actually apply when preparing and delivering instruction. The petition needs to show that the knowledge is not commonly held in the industry, that it is not easily transferable to a newly hired U.S. cheesemaker without significant training, and that the U.S. dairy needs it. The case also requires one continuous year of qualifying foreign employment in the prior three and active parent, branch, subsidiary or affiliate organizations.