H-1B Dismissed — Engineering (2019): did not establish it had definite, non-speculative

Decision Summary

The appeal was dismissed because the petitioner failed to establish that it had definite, non-speculative specialty occupation work available for the beneficiary for the requested employment period. The evidence, such as statements of work and purchase orders, was insufficient to prove the work was concrete and would last for the duration requested. Furthermore, the petitioner did not sufficiently detail the proposed duties to demonstrate that the position's nature was so specialized and complex that it required a bachelor's degree in a specific field.

Criteria Discussed

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