dismissed
H-1B
dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the Petitioner failed to establish the substantive nature of the work the Beneficiary would perform, precluding a determination that the position qualifies as a specialty occupation. The Petitioner submitted contracts signed after the petition's filing date and a vague letter from the end-client that did not sufficiently detail the job duties or specify a degree requirement in a particular field.
Criteria Discussed
Baccalaureate Or Higher Degree Is Normally The Minimum Requirement For The Position Degree Requirement Is Common To The Industry Or The Position Is Uniquely Complex Employer Normally Requires A Degree For The Position The Nature Of The Specific Duties Are So Specialized And Complex That They Require A Degree
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