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 claimed the beneficiary had specialized knowledge of the company's software development process, but the evidence submitted indicated that approximately half of the company's IT professionals (9,500 out of 19,000) had received the same training, which undermined the argument that the knowledge was uncommon, distinguished, or advanced.

Criteria Discussed

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