H-1B Dismissed — Data Science (2020): did not establish a specialty occupation position was

Decision Summary

The appeal was dismissed because the petitioner failed to prove that a specialty occupation position was available for the beneficiary at the time of filing. The provided statement of work (SOW) had expired before the petition was filed, and a new SOW submitted later was not probative. Furthermore, the record did not describe the position's duties with enough detail to establish that it required a bachelor's degree in a specific specialty.

Criteria Discussed

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