dismissed
H-1B
dismissed H-1B Case: Laboratory Science
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Decision Summary
The appeal was dismissed because the petitioner failed to prove that the proffered position qualifies as a specialty occupation. Specifically, the petitioner did not establish it had secured definite, non-speculative work for the beneficiary for the entire validity period, as its service agreement with the end-client had expired before the requested start date and a new agreement was submitted after the petition's filing.
Criteria Discussed
Specialty Occupation Employer-Employee Relationship Speculative Employment Baccalaureate Or Higher Degree Requirement Degree Requirement Common To Industry Employer Normally Requires Degree Specialized And Complex Duties
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