dismissed H-1B Case: Information Technology
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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
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