remanded
L-1B
remanded L-1B Case: Software Development
Decision Summary
The appeal was remanded because the director's denial was based on numerous and significant factual errors, indicating the facts of the case were likely confused with another petition. The director incorrectly concluded the beneficiary would be placed off-site in a 'labor for hire' arrangement, despite the petitioner consistently stating the beneficiary would work at its own U.S. headquarters. The AAO found the director's decision was not based on the evidence of record and required a new adjudication.
Criteria Discussed
Specialized Knowledge L-1B Off-Site Placement (Labor For Hire) Control And Supervision Qualifying Organization
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