dismissed
H-1B
dismissed H-1B Case: Computer Science
Decision Summary
The appeal was dismissed because the petitioner failed to establish that specialty occupation work would be available for the entire period requested. The contractual evidence regarding the duration of the client project was inconsistent and did not support the petitioner's claim of a three-year engagement. Furthermore, the petitioner did not provide sufficient detail about the job duties from the end-client to prove the work required a degree in a specific specialty.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Availability Of Non-Speculative Work For The Entire Requested Period Employer-Employee Relationship
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