dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The AAO found that the employment was speculative due to inconsistent evidence regarding the project's duration and incomplete contractual documentation with the end-client. This failure to demonstrate the availability of non-speculative work and the substantive nature of the duties precluded a determination of whether the position met any of the regulatory criteria for a specialty occupation.
Criteria Discussed
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