dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish the existence of definitive, non-speculative employment for the beneficiary, as the contracts provided did not create a legal obligation for the end-user to provide the work. Additionally, the petitioner failed to sufficiently describe the duties of the proffered position to prove it qualifies as a specialty occupation requiring a specific bachelor's degree.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Speculative Employment Baccalaureate Degree Normally Minimum Requirement Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
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