L-1B Remanded — Software Engineering (2011): the director's initial approval was withdrawn upon review

Decision Summary

The director's initial approval was withdrawn upon review because the petitioner failed to establish eligibility under the L-1 Visa Reform Act of 2004. Specifically, the petitioner did not sufficiently prove that the beneficiary's placement at an unaffiliated employer's worksite was not an arrangement to provide labor for hire or that the petitioner would maintain principal control. The AAO also found that the petitioner had not established that the position required specialized knowledge, and thus remanded the case for a new decision.

Criteria Discussed

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