remanded
L-1B
remanded L-1B Case: Software Development
Decision Summary
The appeal was remanded because the Director applied an incorrect legal standard. The Director improperly focused on whether the Beneficiary was generally qualified to perform the intended services and appeared to incorrectly apply the 'advanced knowledge' standard, rather than the 'special knowledge' standard which the petitioner claimed. The AAO withdrew the decision and sent the case back for a new one that properly considers the evidence.
Criteria Discussed
Specialized Knowledge Special Knowledge Advanced Knowledge Beneficiary'S Qualifications
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