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 also filed an H-1B petition for the same beneficiary, which is prohibited without a legitimate business need. The AAO found the evidence of corporate separation unconvincing. As a secondary reason, the petitioner also failed to establish that the proffered software engineer position qualified as a specialty occupation.

Criteria Discussed

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