H-1B Dismissed — Information Technology (2020): the petitioner provided contradictory evidence regarding

Decision Summary

The appeal was dismissed because the petitioner provided contradictory evidence regarding the beneficiary's actual work location, making it impossible to determine the substantive nature of the work. These inconsistencies also raised significant doubts about whether the Labor Condition Application (LCA) correctly corresponded to the petition, which is a fundamental requirement. Ultimately, the petitioner failed to establish by a preponderance of the evidence that the proffered position as a 'data analyst' qualifies as a specialty occupation.

Criteria Discussed

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