H-1B Dismissed — Information Technology (2016): did not establish the substantive nature of the

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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