H-1B Dismissed — Information Technology (2017): did not establish it had secured definite, non-speculative

Decision Summary

The appeal was dismissed because the petitioner failed to establish it had secured definite, non-speculative work for the beneficiary at the time of filing, as the submitted Statement of Work was post-dated and contingent on a purchase order that was not provided. Furthermore, the petitioner did not prove the proffered position qualified as a specialty occupation, as the evidence lacked sufficient detail about the job duties and did not establish that a specific bachelor's degree was the minimum requirement for entry.

Criteria Discussed

Sign up free to download the original PDF