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

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in the United States in a capacity involving specialized knowledge. The petitioner claimed the beneficiary possessed specialized knowledge of its proprietary software development and maintenance processes, but the director requested further evidence to show this knowledge was uncommon, distinguished, and not easily transferable. The AAO ultimately found the petitioner did not overcome the director's finding that the beneficiary's knowledge failed to meet the high standard required for the L-1B classification.

Criteria Discussed

Sign up free to download the original PDF