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 capacity involving specialized knowledge. The director found the evidence insufficient to prove the beneficiary's knowledge of the petitioner's internal software development and maintenance process was truly specialized. On appeal, the petitioner did not overcome this finding by demonstrating the beneficiary's knowledge was uncommon, distinguished by some unusual quality, or not easily transferable.

Criteria Discussed

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