dismissed H-1B

dismissed H-1B Case: Information Technology

📅 Date unknown 👤 Company 📂 Information Technology

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Decision Summary

The appeal was dismissed due to inconsistencies in the record. The petitioner failed to establish that the beneficiary would be employed in a specialty occupation, as the proffered position of 'QA automation engineer' was not listed in the contractual Statement of Work (SOW) with the end-client. Furthermore, the roles described in the SOW did not require a bachelor's degree in a specific specialty, undermining the claim that the position qualifies as a specialty occupation.

Criteria Discussed

Specialty Occupation Definition (Ina § 214(I)(1)) Criteria For Specialty Occupation Positions (8 C.F.R. § 214.2(H)(4)(Iii)(A)) Consistency Of Evidence And Contractual Agreements

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