Dismissed
H-1B
H-1B Dismissed โ Information Technology (2020): the appeal was dismissed primarily on a procedural
Decision Summary
The appeal was dismissed primarily on a procedural shortcoming, as the petitioner failed to address one of the three independent grounds for denial issued by the Director, specifically the availability of specialty occupation work. By not challenging this ground, the petitioner was deemed to have abandoned it, which is sufficient to uphold the denial. The AAO also noted that the evidence of prospective work was insufficient to establish non-speculative employment for the requested period.
Criteria Discussed
Availability Of Specialty Occupation Work Specialty Occupation Definition (8 C.F.R. ยง 214.2(H)(4)(Iii)(A)) Employer-Employee Relationship
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