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 the beneficiary's knowledge of its proprietary software development process was special, but also stated that approximately half of its 19,000 IT professionals received the same training, which undermined the argument that the knowledge was uncommon or truly advanced.

Criteria Discussed

Sign up free to download the original PDF