L-1B Dismissed — Software Development (2008): the appeal was dismissed on two grounds

Decision Summary

The appeal was dismissed on two grounds. First, the arrangement was deemed an impermissible 'labor for hire' under the L-1 Visa Reform Act, as the beneficiary would be stationed at an unaffiliated employer's worksite and would not be principally controlled and supervised by the petitioner. Second, the petitioner failed to establish that the beneficiary possessed specialized knowledge as required for the L-1B classification.

Criteria Discussed

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