Dismissed
H-1B
H-1B Dismissed — Information Technology (2019): did not establish the proffered position qualifies as a
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
Degree Is Normal Minimum Requirement For Position Degree Requirement Is Common To The Industry For Parallel Positions Employer Normally Requires A Degree For The Position Duties Are So Specialized And Complex That They Require A Degree
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