dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner failed to establish that the proffered position of 'systems analyst' qualifies as a specialty occupation. Specifically, they did not provide documentation from the end-client to describe the beneficiary's duties and the project's requirements. Additionally, the decision found that the petitioner did not establish a valid employer-employee relationship, as it was unclear if they would maintain sufficient control over the beneficiary's work at the third-party location.
Criteria Discussed
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