H-1B Dismissed — Information Technology (2020): did not establish a definitive, non-speculative position

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

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