Dismissed
H-1B
H-1B Dismissed — Information Technology (2019): the petitioner failed to sufficiently establish the
Decision Summary
The appeal was dismissed because the petitioner failed to sufficiently establish the substantive nature of the work the Beneficiary would perform at the end-client location. The provided evidence, including contracts and work orders, was heavily redacted, incomplete, or lacked specific details about the job duties, project, and required degree specialty. Support letters from the end-client and mid-vendor were deemed unreliable as they contained verbatim, generalized language copied from the petitioner, raising doubts about their authenticity and the actual requirements of the position.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties [Is] So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree
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