H-1B Dismissed — Information Technology (2016): did not establish it was not a related entity to another

Decision Summary

The appeal was dismissed because the petitioner failed to prove it was not a related entity to another company that filed a nearly identical H-1B petition for the same beneficiary. The AAO found that the petitioner did not establish a legitimate business need for filing multiple petitions, which is a violation of regulations. The decision also noted that even if this issue were overcome, the petitioner had not demonstrated that the proffered position qualified as a specialty occupation.

Criteria Discussed

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