L-1A Sustained — Software Engineering (2021): the AAO found the petitioner submitted sufficient evidence

Decision Summary

The appeal was sustained because the AAO found the petitioner submitted sufficient evidence to overcome the Director's findings. The AAO concluded that the beneficiary was employed abroad in a specialized knowledge capacity due to his unique, early involvement with the company's proprietary product. Furthermore, the AAO determined the beneficiary's proposed U.S. role was primarily managerial, disagreeing with the Director's assessment that the duties were mostly operational.

Criteria Discussed

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