dismissed H-1B Case: Information Technology
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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
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