sustained
L-1B
sustained L-1B Case: Engineering And Construction
Decision Summary
The appeal was sustained because the AAO found the Director erred in concluding the beneficiary lacked the required one year of employment in a specialized knowledge capacity. The Petitioner successfully argued that a recently issued certificate was merely a verification of long-held, company-specific knowledge, not the initial acquisition of it. The AAO was persuaded that the certificate date did not preclude the beneficiary from meeting the one-year employment requirement abroad.
Criteria Discussed
Specialized Knowledge One Year Of Qualifying Employment Abroad Proposed Position Requires Specialized Knowledge Off-Site Placement (L-1 Visa Reform Act)
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