dismissed H-1B Case: Information Technology
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Decision Summary
The appeal was dismissed because the petitioner did not sufficiently establish the substantive nature of the work the beneficiary would perform, which is necessary to determine if the position qualifies as a specialty occupation. The submitted Statements of Work (SOWs) were either expired or appeared to be drafts and did not identify the beneficiary or the specific job requirements. Furthermore, a letter from the end-client had questionable authenticity and contained conflicting dates, failing to prove the client's requirements for the position.
Criteria Discussed
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