H-1B Dismissed — Computer Programming (2007): did not establish the beneficiary would be employed in a

Decision Summary

The appeal was dismissed because the petitioner failed to establish that the beneficiary would be employed in a specialty occupation. As an employment contractor placing the beneficiary at third-party client sites, the petitioner was required to submit an itinerary of definite employment, which it failed to do despite a specific request. This failure led to the conclusion that the petitioner had not demonstrated an actual, non-speculative job offer for the beneficiary.

Criteria Discussed

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