Dismissed
H-1B
H-1B Dismissed — Information Technology (2005): did not establish the beneficiary would actually perform
Decision Summary
The appeal was dismissed because the petitioner failed to establish that the beneficiary would actually perform work in the proffered specialty occupation. The director noted, and the AAO agreed, that the petitioner did not provide sufficient evidence, such as specific project details, work orders, or contracts, to prove that qualifying work existed for the beneficiary.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Is So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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