Dismissed
H-1B
H-1B Dismissed — Information Technology (2019): did not establish a definitive, non-speculative job existed
Decision Summary
The appeal was dismissed because the petitioner failed to prove that a definitive, non-speculative job existed for the beneficiary. The petitioner did not provide key contracts between the vendor and the end-client and also submitted inconsistent information about the job assignment, making it impossible to determine if the position qualified as a specialty occupation.
Criteria Discussed
Specialty Occupation Definition Speculative Employment Inadequate Position Description Employer-Employee Relationship Inconsistent Information
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