dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate the substantive nature of the beneficiary's work, which is necessary to establish the position as a specialty occupation. The employment contract allowed the petitioner to change the beneficiary's duties and assignments, and the petitioner did not provide sufficient evidence from the end-client, such as a statement of work, to specify the actual duties and prove they required a bachelor's degree in a specific field.
Criteria Discussed
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