L-1B Dismissed — Aviation (2005): the initial approval was determined to be a gross error

Decision Summary

The appeal was dismissed because the initial approval was determined to be a gross error. The director found that the petitioner failed to establish that the beneficiary, an airline captain, possessed specialized knowledge as defined for the L-1B category. The beneficiary's skills were deemed more appropriate for the nonimmigrant crewmember visa classification (D visa) rather than being considered proprietary or unique knowledge specific to the petitioning company.

Criteria Discussed

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