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 petitioner argued that the beneficiary's knowledge of its proprietary software development process was specialized, but then revealed that nearly half of its IT professionals (9,500 out of 19,000) received the same training. This admission undermined the claim that the beneficiary's knowledge was uncommon, advanced, or distinguished within the company or the industry.

Criteria Discussed

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