dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered 'programmer analyst' position qualifies as a specialty occupation and that a valid employer-employee relationship would exist. The petitioner did not provide sufficient documentary evidence, like detailed project descriptions or finalized contracts, to describe the specific duties the beneficiary would perform. Citing confidentiality of documents was not an adequate reason for failing to meet the burden of proof.
Criteria Discussed
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