L-1B Remanded — Packaging Machinery (2005): the director denied the petition, concluding the

Decision Summary

The director denied the petition, concluding the beneficiary had not been employed in a specialized knowledge capacity for the required one year, interpreting part of this period as training. The director also found the petitioner failed to establish a qualifying relationship between the U.S. and foreign entities. The AAO remanded the case for reconsideration after the petitioner argued on appeal that the beneficiary was a key developer of the new software (not just a trainee) and submitted new evidence to document the corporate relationship.

Criteria Discussed

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