dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish the substantive nature of the work the beneficiary would perform, which is necessary to determine if the position qualifies as a specialty occupation. The record lacked sufficient contractual evidence detailing the specific duties for the end-client that were valid at the time of filing. Evidence submitted after the filing date was not considered, and a letter from the end-client was too vague to substantiate the claim.
Criteria Discussed
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