dismissed H-1B

dismissed H-1B Case: It Consulting

📅 Date unknown 👤 Company 📂 It Consulting

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Decision Summary

The appeal was dismissed because the petitioner failed to establish that the proffered position qualifies as a specialty occupation. The petitioner did not demonstrate that the position requires a degree in a specific specialty, but rather just a general bachelor's degree. Additionally, the petitioner failed to show that it had secured definite, non-speculative work for the beneficiary at the time of filing, as the evidence for the proposed project was dated after the petition was submitted.

Criteria Discussed

A Baccalaureate Or Higher Degree Or Its Equivalent Is Normally The Minimum Requirement For Entry Into The Particular Position The Degree Requirement Is Common To The Industry In Parallel Positions Among Similar Organizations Or, In The Alternative, An Employer May Show That Its Particular Position Is So Complex Or Unique That It Can Be Performed Only By An Individual With A Degree The Employer Normally Requires A Degree Or Its Equivalent For The Position The Nature Of The Specific Duties Are So Specialized And Complex That Knowledge Required To Perform The Duties Is Usually Associated With The Attainment Of A Baccalaureate Or Higher Degree

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dismissed H-1B Case: It Consulting

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Decision Summary

Criteria Discussed

Related Decisions

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