L-1B Dismissed — Software Development (2006): the director denied the petition, concluding the petitioner

Decision Summary

The director denied the petition, concluding the petitioner failed to establish that the position required an employee with specialized knowledge or that the beneficiary possessed it. The petitioner argued on appeal that the beneficiary's intimate knowledge of a proprietary software product, its source code, and technical features constituted specialized knowledge. The AAO dismissed the appeal, finding the petitioner did not sufficiently distinguish the beneficiary's knowledge from that which could be held by other skilled software engineers in the industry.

Criteria Discussed

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