dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner provided inconsistent information regarding the position's minimum educational requirements throughout the application process. The requirements stated in the initial petition, the RFE response, job postings, and a letter from the end-client all conflicted with one another. This lack of reliable and consistent evidence prevented the AAO from determining the substantive nature of the role and concluding that it qualified as a specialty occupation.
Criteria Discussed
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