Dismissed
H-1B
H-1B Dismissed — Information Technology (2017): did not establish it had secured definite, non-speculative
Decision Summary
The appeal was dismissed because the petitioner failed to establish that it had secured definite, non-speculative work for the beneficiary at the time of filing the petition. The evidence regarding work assignments, including contracts and client letters, was either dated months after the petition was filed or related to projects that ended before the beneficiary's proposed start date. Lacking a clear and consistent description of the actual work to be performed, the petitioner could not prove that the duties were sufficiently specialized and complex to qualify the position as a specialty occupation.
Criteria Discussed
Specialty Occupation Definition Normal Degree Requirement For The Position Industry Standard Degree Requirement Employer'S Normal Degree Requirement Specialized And Complex Duties Availability Of Non-Speculative Work Itinerary Of Services
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