Sustained
L-1B
L-1B Sustained — Automotive (2024): the Director applied the incorrect legal standard
Decision Summary
The appeal was sustained because the Director applied the incorrect legal standard. The Director improperly compared the beneficiary's knowledge to others in the industry, whereas the correct standard for 'advanced knowledge of processes and procedures' requires a comparison to other workers within the petitioner's own organization. The AAO found that the petitioner successfully demonstrated the beneficiary possessed a more developed knowledge of the company's customized legal and compliance systems than other employees.
Criteria Discussed
Specialized Knowledge Special Knowledge Of Company Product Advanced Level Of Knowledge Of Processes And Procedures Beneficiary'S Qualifications
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