dismissed
H-1B
dismissed H-1B Case: Computer Science
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The evidence, including contracts and work orders for a third-party placement, was insufficient to prove the substantive nature of the beneficiary's duties, leading to the conclusion that the employment was speculative and not proven to require a degree in a specific specialty.
Criteria Discussed
Specialty Occupation Definition Employer-Employee Relationship Non-Speculative Employment Third-Party Worksite Requirements
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