dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner, a consulting firm, failed to establish the substantive nature of the work to be performed. The petitioner's contracts allowed for the beneficiary's duties to be changed and dictated by the end-client, but the petitioner did not provide specific documentation, such as a statement of work, from the end-client detailing the actual job duties. This lack of evidence prevented a determination that the position qualified as a specialty occupation.
Criteria Discussed
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