Dismissed
H-1B
H-1B Dismissed — Information Technology (2020): did not establish the proffered position of 'performance
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate that the proffered position of 'performance engineer' qualifies as a specialty occupation. The record lacked sufficient evidence, such as a complete contract or a Scope of Work (SOW), to establish the specific, substantive nature of the work the beneficiary would perform at the end-client location. The documents provided did not prove that a specialty occupation role existed and was available to the beneficiary at the time the petition was filed.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Availability Of Work At A Third-Party Site Baccalaureate Or Higher Degree Is Normally The Minimum Requirement Degree Requirement Is Common To The Industry Employer Normally Requires A Degree For The Position Nature Of The Specific Duties Are So Specialized And Complex
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