L-1B Dismissed — Information Technology (2008): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialized knowledge capacity. The petitioner claimed the beneficiary had specialized knowledge of the company's proprietary software development process, but also revealed that approximately half of the company's IT professionals had received the same training. This widespread knowledge within the company undermined the argument that the beneficiary's skills were sufficiently specialized, advanced, or uncommon to meet the L-1B standard.

Criteria Discussed

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