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 demonstrate that the proffered position qualifies as a specialty occupation. The petitioner did not provide sufficient evidence of the services the beneficiary would perform, particularly by failing to submit a valid contract with the end-client that was in effect at the time of filing. The submitted agreement post-dated the petition, was terminable at will, and was missing a key attachment defining the scope of services, thus failing to prove the position required a specialized bachelor's degree.

Criteria Discussed

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