H-1B Dismissed — Information Technology (2015): did not establish eligibility for the benefit sought

Decision Summary

The appeal was dismissed because the petitioner failed to establish eligibility for the benefit sought. The Director initially denied the petition for three reasons: failure to demonstrate a valid employer-employee relationship, failure to prove the proffered position qualifies as a specialty occupation, and an invalid Labor Condition Application (LCA) for all work locations. The AAO agreed with the Director's decision and found the petitioner did not meet the preponderance of the evidence standard.

Criteria Discussed

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