Dismissed
H-1B
H-1B Dismissed — Information Technology (2019): did not establish the existence of definitive,
Decision Summary
The appeal was dismissed because the petitioner failed to establish the existence of definitive, non-speculative employment for the beneficiary. The contractual evidence between the vendor and the end-client was deficient, missing a key 'Scope of Work' document, and a letter from the end-client was deemed unreliable. This failure prevented a determination of whether the proffered position actually existed, let alone qualified as a specialty occupation.
Criteria Discussed
Normal Degree Requirement For Position Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties Existence Of Non-Speculative Employment Employer-Employee Relationship
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