L-1B Dismissed — Software Development (2005): did not establish the beneficiary possessed the required

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary possessed the required specialized knowledge. The director concluded that proficiency in LINC software, a commercially available tool, is a general skill and not proprietary knowledge unique to the petitioner's company. The petitioner did not provide sufficient evidence to demonstrate that the beneficiary's knowledge of their tools, techniques, and procedures was truly special or advanced beyond what is common in the field.

Criteria Discussed

Sign up free to download the original PDF