L-1B Dismissed — Software Development (2005): did not establish the beneficiary was employed abroad in a

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary was employed abroad in a capacity requiring specialized knowledge, or that the proposed U.S. position required such knowledge. The evidence did not sufficiently distinguish the beneficiary's knowledge of company processes and products from that commonly held by others within the industry.

Criteria Discussed

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