dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that a definitive, non-speculative position existed for the beneficiary. The evidence did not prove a legal obligation on the part of the end-client to provide work, which made it impossible to determine the substantive nature of the job and whether it qualified as a specialty occupation.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship
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