H-1B Dismissed — Computer Science (2020): did not establish definitive, non-speculative employment

Decision Summary

The appeal was dismissed because the Petitioner failed to establish that definitive, non-speculative employment existed for the Beneficiary at a third-party worksite. The submitted contracts and work orders were insufficient to prove the existence of a specialty occupation position at the end-client's location, as they lacked specific duties and did not establish a clear legal obligation for the end-client to provide the proffered work. Because the substantive nature of the work could not be determined, it was impossible to conclude that the position qualified as a specialty occupation.

Criteria Discussed

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