sustained L-1B Case: Software Development
Decision Summary
The appeal was sustained because the petitioner provided sufficient evidence to demonstrate that the beneficiary possesses advanced, specialized knowledge of the company's proprietary object detection algorithm (ODA). The AAO found that this knowledge was used in his position abroad and is required for his proposed role in the U.S. Additionally, it was established that the beneficiary's placement at a client's worksite was for the specific purpose of implementing this proprietary technology, not as a prohibited labor-for-hire arrangement.
Criteria Discussed
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