dismissed
L-1B
dismissed L-1B Case: Software Development
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the beneficiary's placement at a third-party worksite was not an impermissible arrangement to provide labor for hire. The director found, and the AAO agreed, that the arrangement fell under the prohibitions of the L-1 Visa Reform Act of 2004, as the beneficiary would be stationed at an unaffiliated employer's site and did not possess specialized knowledge specific to the petitioner's own products or services.
Criteria Discussed
Specialized Knowledge Third-Party Worksite / Anti-Job Shop Provisions
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