dismissed H-1B

dismissed H-1B Case: Computer Science

📅 Date unknown 👤 Company 📂 Computer Science

Decision Summary

The appeal was dismissed because the petitioner did not establish that specialty occupation work would be available for the beneficiary for the entire requested period. The primary contract provided as evidence did not cover the full duration of the requested employment, and the possibility of extension or future contracts was deemed speculative. Furthermore, the petitioner failed to provide sufficient detail about the proffered position's duties to prove it qualifies as a specialty occupation.

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, In The Alternative, An Employer May Show That Its Particular 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 [Is] 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 Specialty Occupation Work For The Beneficiary

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dismissed H-1B Case: Computer Science

Decision Summary

Criteria Discussed

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