Dismissed
H-1B
H-1B Dismissed — Information Technology (2016): did not establish it had secured definite, non-speculative
Decision Summary
The appeal was dismissed because the petitioner failed to demonstrate it had secured definite, non-speculative work for the beneficiary for the entire period requested at the time of filing. The petitioner acknowledged that two of the three projects listed in the petition no longer existed, and the evidence for the remaining project was insufficient to show a firm commitment for the entire duration.
Criteria Discussed
A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties [Is] So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree Availability Of Definite, Non-Speculative Work For The Entire Requested Period
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