dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to prove that it had qualifying, non-speculative work available for the beneficiary. The petitioner did not establish a complete and valid contractual chain to the end-client, as submitted contracts were altered without explanation or were incomplete, which undermined the claim that a specialty occupation position actually existed.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Availability Of Work
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