H-1B Dismissed — Computer Science: did not establish specialty occupation work was available

Decision Summary

The appeal was dismissed because the petitioner failed to demonstrate that specialty occupation work was available for the beneficiary for the entire three-year period requested. While the AAO withdrew the director's finding that the petitioner did not qualify as a U.S. employer, it upheld the denial because the submitted work order only covered a three-month period, which was insufficient to establish an itinerary for the full three years sought.

Criteria Discussed

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