H-1B Dismissed — Information Technology (2017): did not establish the proffered position of "software

Decision Summary

The appeal was dismissed because the petitioner failed to prove the proffered position of "software engineer" qualifies as a specialty occupation. The record contained numerous inconsistencies regarding the job duties, the nature of the petitioner's business, and the location of employment. The petitioner also failed to provide sufficient, credible evidence to establish a legitimate need for the beneficiary's services for the full duration of the requested H-1B period.

Criteria Discussed

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