dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that specialty occupation work was available for the beneficiary for the entire requested employment period. The submitted end-client letter only substantiated work for one year of the three years requested, and the staffing agreement provided contained numerous discrepancies and contradictions, failing to prove that a non-speculative assignment existed for the duration of the visa period.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or The Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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dismissed H-1B Case: Information Technology

Avoid this H-1B denial in your own petition.

Decision Summary

Criteria Discussed

Related Decisions

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