Dismissed
H-1B
H-1B Dismissed — Information Technology (2020): did not establish the proffered position qualifies as a
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
Normal Degree Requirement For Position Common Degree Requirement In Industry Or Position Complexity Employer'S Normal Degree Requirement Specialized And Complex Nature Of Duties Speculative Employment Substantive Nature Of The Position
📄 Original decision (USCIS PDF)
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →Research more H-1B decisions on MeritDraft
Browse AAO decisions by visa type, outcome, and criteria discussed.
Browse Decisions →