H-1B Dismissed — Information Technology (2020): did not establish non-speculative specialty occupation work

Decision Summary

The appeal was dismissed because the petitioner failed to establish that non-speculative specialty occupation work was available for the beneficiary for the full requested period at the time of filing. The petitioner made multiple material changes to the petition after filing regarding the duration and location of the work, which is not permitted as eligibility must be proven at the time the petition is filed.

Criteria Discussed

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