dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The petitioner did not provide sufficient evidence, such as a full chain of contracts, to prove that a definitive, non-speculative job existed for the beneficiary at the end-client's worksite. Lacking proof of the position's existence, its substantive nature and qualification as a specialty occupation could not be determined.
Criteria Discussed
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