H-1B Dismissed — Information Technology (2016): the Director denied the petition, concluding that the

Decision Summary

The Director denied the petition, concluding that the Petitioner failed to demonstrate both that the proffered position for a software engineer qualifies as a specialty occupation and that the requisite employer-employee relationship would exist with the Beneficiary. Upon de novo review, the AAO agreed with the Director's findings and dismissed the appeal.

Criteria Discussed

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