H-1B Dismissed — Data Analysis (2020): did not establish the proffered position qualifies as a

Decision Summary

The appeal was dismissed because the petitioner, a staffing agency, failed to prove the proffered position qualifies as a specialty occupation. The petitioner did not provide a complete work order or other sufficient evidence from the end-client detailing the specific duties and minimum requirements. Additionally, the petitioner did not establish that it would maintain a valid employer-employee relationship, as it failed to show it would adequately control the beneficiary's work at the off-site location.

Criteria Discussed

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