Dismissed
H-1B
H-1B Dismissed — Information Technology (2016): did not establish the substantive nature of the work the
Decision Summary
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform. An employment contract submitted as evidence reserved the petitioner's right to relocate the beneficiary and redefine their roles and tasks, which meant the actual duties were not clearly defined, precluding a finding that the position qualifies as a specialty occupation under any of the required criteria.
Criteria Discussed
Normal Minimum Requirement Of A Baccalaureate Or Higher Degree For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex
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